Lynda Tanaka

The appellant horse trainer appealed a ruling that found him in violation of the Rules of Standardbred Racing after his horse tested positive for elevated TCO2 levels.

The appellant argued that the test was invalid because the blood sample was taken 28 minutes prior to the race, outside the 20-minute window prescribed by the rules.

The Commission dismissed the appeal, accepting expert evidence that taking the sample further from race time actually benefited the horseman.

The panel concluded that the elevated TCO2 level could only result from human interference and upheld the violation.

The licensees, a standardbred owner and a trainer, requested a hearing regarding the Director's immediate suspension and proposed revocation of their licenses.

The Administration alleged the licensees purchased controlled substances and unlabelled medications from an unlicensed distributor, jeopardizing the health of racehorses and the integrity of the racing industry.

The Ontario Racing Commission found the allegations proven, concluding the licensees failed to act with integrity and in the public interest.

The Commission affirmed the Director's order, suspending and revoking the licenses for a period of five years.

The appellant, a standardbred owner/driver/trainer, appealed a judges' ruling that suspended him for 60 days and fined him $1,000 for possessing controlled diuretics (Sodium Edecrin and Furosemide) without a prescription at a racetrack.

The Administration presented evidence that the drugs could be used to mask other substances in both human and equine drug testing programs.

The panel rejected the appellant's explanation that the drugs were for personal use to treat gout, drawing an adverse inference from his failure to testify.

The appeal was dismissed and the original penalty was upheld.

The Ontario Racing Commission convened to review applications for 2007 live and intertrack race dates.

After reviewing written submissions from applicants and the public, the Commission approved the requested live standardbred, thoroughbred, and quarter horse race dates, as well as simulcast dates for various racetracks across Ontario.

All post times were approved as applied for.

The Ontario Racing Commission heard applications from three racetracks for 2007 live and intertrack race dates.

The Commission first denied the Ontario Harness Horse Association's application for party status, finding it was not directly affected by the racing schedule.

The Commission approved New Hiawatha Horse Park's application for 52 live race dates and 364 intertrack dates, subject to conditions regarding its tax appeals.

However, the Commission declined to approve the applications for Windsor Raceway and Flamboro Downs, finding their proposed substantial reductions in race dates were not in the public interest or the best interests of racing, and directed both tracks to file fresh applications with additional race dates.

The Ontario Racing Commission held a hearing regarding a thoroughbred licensee who tested positive for THC for a second time within 24 months and attempted to provide an adulterated urine sample.

The licensee admitted to using a herbal remedy from Jamaica for kidney stones, knowing it caused positive tests.

The Commission suspended the licensee for one year, with a portion stayed subject to conditions, and imposed a $1,500 fine.

The appellant, a standardbred owner/driver/trainer, appealed a decision placing his horse fourth for causing interference while off stride.

The appellant argued the break was caused by another driver's whip striking his horse in the face.

The Ontario Racing Commission dismissed the appeal, finding that while it was possible the horse was struck, the video evidence did not establish on a balance of probabilities that the whip hit the horse.

The licensees brought a pre-hearing motion requesting additional disclosure from the Administration, including detailed outlines of expected evidence, identification of specific documents to be relied upon, unredacted investigator notes, and all investigation reports.

The Commission dismissed the motion, finding that the disclosure already provided satisfied the requirements of the Statutory Powers Procedure Act, the Commission's Rules of Procedure, and common law procedural fairness.

The dismissal was subject to conditions requiring the disclosure of any future witness statements and a review of investigation reports for non-confidential portions.

The appellant, a thoroughbred trainer, appealed a Stewards' ruling suspending him for 15 days and fining him $1,000 after his horse tested positive for Flunixin (Banamine).

The Ontario Racing Commission found that while the positive test was proven, the appellant established that he exercised all reasonable due diligence in protecting his horse.

The evidence showed he maintained strict control over medications and it was not standard practice to require trainers to install private security cameras.

The appeal was allowed, though the horse's disqualification from the race remained.

The appellant, a standardbred licensee, appealed a Judges' Ruling that placed his horse sixth for interference and imposed a three-day driving suspension.

During a Gold Eliminations Race, the appellant's horse came out in the stretch run and made contact with a trailing horse.

The appellant admitted to the contact but argued the trailing driver could have avoided it.

The Ontario Racing Commission dismissed the appeal, finding that interference occurred and noting that the judges had already reduced the standard five-day suspension to three days due to poor driving conditions.

The appellant, a thoroughbred trainer, appealed a stewards' ruling fining him $1,500 for racing a horse without its required blinkers.

The trainer claimed the horse went berserk in the paddock and he was unaware the blinkers were not on until the horse was at the post.

The Ontario Racing Commission dismissed the appeal, finding the trainer had ample opportunity to notify officials of the equipment issue.

The Commission further determined the appeal was frivolous and imposed an additional $250 fine.

The appellants requested a hearing to determine the eligibility of their horse, CANYON WIND, to participate in the Breeders Crown No. 17 after missing the supplemental declaration deadline.

The Chair found that the entry did not comply with the Hambletonian Society's requirements, as the decision to enter was made at the last minute and the deadline was missed.

The Chair declined to exercise discretion to waive the breach of the rule, and the appeal was dismissed.

The appellant jockey appealed a $200 fine imposed by the Stewards for excessive use of the whip on his mount during a race.

The Ontario Racing Commission reviewed the videotape evidence and agreed with the Stewards that the appellant used the whip repeatedly without giving the horse a breather during the stretch run.

The appeal was dismissed and the fine upheld.

The appellant, a thoroughbred jockey, appealed a $200 fine imposed by the stewards for excessive use of the whip on his mount during a race.

The Ontario Racing Commission reviewed the videotape and heard testimony from the appellant and a steward.

The Commission found that the videotape did not clearly show excessive use of the whip, noting pauses between strikes and a lack of injury to the horse.

The appeal was allowed and the fine was set aside.

The appellant, a thoroughbred jockey, appealed a $500 fine imposed by the Stewards for excessive use of the whip and raising his whip over his head during a race.

The Commission heard evidence from several jockeys regarding the ambiguity of the whipping rules and the pressure to ride aggressively to win.

The Commission found that the appellant repeatedly whipped the horse with almost no break between blows and frequently raised his hand above his shoulder, clearly violating the rules.

The appeal was dismissed and the fine confirmed.

The appellant, a standardbred licensee, appealed a ruling that he violated Rule 15.09(a) by racing a claimed horse outside Ontario within 60 days of the claim.

The appellant argued that the consignor should bear responsibility.

The Ontario Racing Commission dismissed the appeal, finding that the rule places responsibility on the party who claims the horse, and upheld the $1,200 fine.

Standardbred licensee William Elliott appealed a decision by Woodbine Entertainment Group (WEG) to disallow his horses' entries into stakes races after he received a second TCO2 positive test.

He also appealed the judges' refusal to immediately transfer his horses to new owners.

The Ontario Racing Commission dismissed the appeal, finding that the judges' normal process for investigating trainer transfers should not be circumvented.

The Commission further held that WEG appropriately exercised its discretion under its rules to refuse the entries, and the Commission would not interfere in what was essentially a private contract dispute absent an overriding public interest.

The Ontario Racing Commission held a hearing regarding the immediate suspension of a thoroughbred licensee.

The Administration alleged that the licensee engaged in a pattern of abusive behaviour, including physical assault and verbal abuse, towards a Commission steward with whom he had an extramarital affair.

The licensee was also charged criminally and breached bail conditions requiring him to stay away from the steward.

The Commission found the allegations substantiated and concluded that the licensee's conduct undermined the integrity of the sport and the independence of the stewards.

The Commission suspended the licence for three years, followed by a one-year probationary period with mandatory counselling conditions.

The licensee appealed a ruling suspending his Ontario standardbred licence pending the resolution of a suspension imposed by the Ohio Racing Commission for a TCO2 positive test.

The Ohio penalty had been stayed by an Ohio court, but on conditions that effectively barred him from racing in Ohio.

The Ontario Racing Commission granted the appeal and lifted the suspension, but imposed strict conditions on his Ontario licence, including mandatory TCO2 testing at his own expense, to protect the public interest while respecting the principles of reciprocity.

The appellants appealed a decision of the Thoroughbred Industry Appeal Board that revised the order of finish in a horse race due to a bumping incident.

The Ontario Racing Commission conducted a hearing de novo and found that the appellant's horse deliberately moved out and interfered with the other horse, which impacted the outcome of the race.

The appeal was dismissed and the revised order of finish was confirmed.