Patricia Bullock — Commissioner

Jacques Bruyere v. Deputy Director, Ontario Racing Commission, 2004 CanLII 76204

Licensee suspended for three years after improperly administering a nasal gastric tube that killed a racehorse.

The licensee, a standardbred owner, driver, and trainer, requested a hearing after the Deputy Director issued an order of immediate suspension and a notice of proposed order to revoke his license.

The licensee had improperly administered a nasal gastric tube to a racehorse, infusing fluids into its lungs and causing its death.

The Ontario Racing Commission found that the licensee's actions constituted cruelty to the horse, even without intent.

The Commission set aside the proposed revocation and instead ordered a three-year suspension from all participation in horse racing.

ORCApr 15, 2004

Daryl Ezra, 2004 CanLII 76157

Appeal of Stewards' decision not to disqualify a horse for alleged interference dismissed.

ORCMar 11, 2004

Appeal of Standardbred Trainer, Jim Skelhorn, 2004 CanLII 76206

Trainer's six-month suspension upheld but fine reduced for failing to report racehorse's death.

The appellant, a standardbred trainer, appealed rulings suspending his license for six months and imposing fines for failing to comply with death registry reporting requirements and failing to have a written contract with owners.

The Commission found the appellant failed to report the death of a racehorse and transport it for a post-mortem.

The appeal was allowed in part; the six-month suspension and the $2,000 fine for the contract violation were upheld, but the $5,000 fine for the death registry violations was reduced to $2,500 due to the appellant's recent licensing and modest earnings.

ORCFeb 25, 2004

Guy Gagnon v. Ontario Racing Commission, 2004 CanLII 76205

Racing Commission upholds liability for rule violations but reduces licence suspension to two months.

The appellant, a standardbred driver/owner/trainer, appealed decisions of the Executive Director and Director of Racing finding him liable for rule violations, suspending his licence for six months, and fining him $7,000.

The Ontario Racing Commission dismissed the appeal on liability but allowed the appeal on penalty, reducing the licence suspension to two months while maintaining the $7,000 fine.

ORCFeb 24, 2004

In the Matter of Licensee Dr. Randall Rubenstein, 2004 CanLII 76207

Commission Chair recused herself from veterinarian's appeal panel; motion to recuse second Commissioner dismissed.

The appellant, a veterinarian, appealed a decision of the Executive Director suspending him for two years and fining him $20,000 for violations of the Rules of Standardbred Racing.

At the commencement of the appeal hearing, the appellant brought motions requesting that the Commission Chair and another Commissioner recuse themselves from the panel.

The panel granted the motion for the Chair to recuse herself, dismissed the motion regarding the other Commissioner, and ordered that the hearing be rescheduled with the Vice Chair presiding.

ORCFeb 19, 2004

In the Matter of Veterinarian Dr. Brian J. Lauzon, 2004 CanLII 76208

Veterinarian held responsible for employee's falsified Coggins Certificate; fine upheld but suspension quashed.

A veterinarian appealed a six-month suspension and $5,000 fine imposed for submitting a falsified Coggins Certificate for a racehorse.

The Ontario Racing Commission found that while the veterinarian did not directly participate in creating the fraudulent document, he was ultimately responsible for the actions of his employee who fabricated it.

The Commission upheld the finding of liability and the $5,000 fine, but quashed the six-month suspension.

ORCFeb 12, 2004

Donald B. Gillis Jr. v. Deputy Director, 2004 CanLII 76210

Proposed order to revoke standardbred owner/driver/trainer licence set aside and immediate suspension withdrawn.

The applicant requested a hearing before the Ontario Racing Commission regarding the Deputy Director's Notice of Proposed Order to Revoke his licence as a standardbred owner, driver, and trainer, as well as an Order of Immediate Suspension.

Following a hearing where testimony was heard from multiple witnesses, the Commission ordered that the Proposed Order be set aside and the Order of Immediate Suspension be withdrawn.

The reasons for the decision were delivered orally and form part of the hearing transcript.

ORCFeb 5, 2004

Garry Macdonald, 2004 CanLII 76209

Appeal of $200 horse racing driving violation fine dismissed after appellant failed to appear.

ORCFeb 5, 2004

Richard K. Baker v. Administration, 2003 CanLII 74643

Standardbred licence granted subject to strict conditions including substance abuse program and urine testing.

The applicant, a standardbred licensee, appealed a ruling of the Ontario Racing Commission.

The Commission ordered that the applicant may be licensed subject to strict conditions, including a maximum 18-month term, quarterly employment reports, random urine testing, and mandatory participation in a substance abuse program.

Any breach of the conditions would result in immediate revocation of the licence.

ORCDec 23, 2003

Earle Mack and Mark Casse, 2003 CanLII 74602

Appeals regarding race weight allowances dismissed; winning horse carried correct weight per official Stakes book.

The appellants, thoroughbred owners and trainers, appealed a Stewards' ruling denying their protest of a race outcome.

They alleged the winning horse carried less weight than required.

The Commission found that a typographical error in the condition book caused confusion, but the winning horse carried the correct weight according to the official Stakes book.

The Commission refused the appeals, noting that disqualifying the horse would constitute an undue hardship and would not be in the best interests of racing.

ORCNov 25, 2003

Rideau Carleton Raceway and Hiawatha Horse Park (Re), 2003 CanLII 74640

Commission approves Rideau Carleton Raceway's application for 131 live race dates over objections regarding lack of winter racing.

The Ontario Racing Commission heard applications for 2004 live and intertrack race dates from Rideau Carleton Raceway and Hiawatha Horse Park.

The Ontario Harness Horse Association opposed Rideau Carleton's application, arguing that the lack of winter racing negatively impacted horsemen and the local economy.

The majority of the Commission approved Rideau Carleton's application for 131 live race dates, finding no convincing evidence that winter racing would have a positive economic impact on the track or handle.

A dissenting opinion argued that the application should be rejected to encourage more live racing opportunities, consistent with the goals of the slots program.

ORCNov 14, 2003

Sid Attard, 2003 CanLII 74601

Appeal of stewards' ruling dismissed as moot where trainer admitted disrespect and accepted fine.

A thoroughbred trainer appealed a stewards' ruling fining him $1,000 for being disrespectful and threatening a racing official.

At the hearing, the trainer admitted to being disrespectful and agreed the $1,000 fine was appropriate, but contested the finding that he had threatened the official.

The Commission dismissed the appeal, finding the sole remaining issue to be substantially hypothetical and moot, as a finding on the threat would have no practical effect on the penalty or outcome.

ORCNov 13, 2003

Doug Hie, 2003 CanLII 74608

Appeal of a three-day driving suspension for a standardbred racing rule violation dismissed.

The appellant, a standardbred owner, driver, and trainer, appealed a decision of the Ontario Racing Industry Board of Appeal that upheld a three-day driving suspension for violating Rule 22.05(g)(i) of the Rules of Standardbred Racing.

After hearing evidence from multiple witnesses, the Ontario Racing Commission dismissed the appeal.

The reasons for the decision were delivered orally and form part of the hearing transcript.

ORCNov 12, 2003

Re Mark Williams, 2003 CanLII 74609

Ontario Racing Commission upholds driving violation but reduces fine from $500 to $200.

ORCNov 6, 2003

Randy Fritz, 2003 CanLII 74610

Appeal of three-day driving suspension for standardbred racing rule violation dismissed.

ORCNov 6, 2003

Sabourin and Silvera (Re), 2003 CanLII 74603

Jockey's suspension for careless riding upheld but reduced to 15 days; horse's disqualification affirmed.

Thoroughbred jockey Raymond Sabourin and owner Arthur Silvera appealed a Stewards' ruling that suspended Sabourin for 20 days for careless riding and disqualified their horse from first place.

The incident involved Sabourin's horse clipping heels with another horse, causing the other horse to fall and its jockey to sustain injuries.

The Ontario Racing Commission reviewed video evidence and witness testimony, concluding that Sabourin's horse interfered with the other horse by moving across its path without sufficient clearance.

The Commission upheld the disqualification but reduced the suspension to 15 days.

ORCOct 31, 2003

In the Matter of 2004 Live and Intertrack Race Dates, 2003 CanLII 74594

Ontario Racing Commission approves 2004 race dates for most tracks, deferring others for further review.

The Ontario Racing Commission convened to hear applications for 2004 live and intertrack race dates from various racetracks.

The Commission approved the requested dates for Woodbine, Fort Erie, Picov Downs, Mohawk, Sudbury Downs, Kawartha Downs, Quinte Exhibition, Flamboro Downs, Georgian Downs, Grand River, Hanover, Windsor, and Dresden.

Applications for Hiawatha, Clinton, Woodstock, Western Fair, and Rideau Carleton were deferred pending further submissions and review of materials filed by the Ontario Harness Horse Association.

ORCOct 17, 2003

William Megens, 2003 CanLII 74620

Horse racing penalty varied on appeal to a $1,500 fine and 90-day suspension.

The appellant, a standardbred owner, driver, and trainer, appealed the severity of a penalty imposed by the Judges for a violation of Rule 22.38 of the Rules of Standardbred Racing.

The original penalty consisted of a $1,500 fine and a 120-day full suspension.

Following a hearing, the Ontario Racing Commission varied the penalty, maintaining the $1,500 fine but reducing the full suspension to 90 days.

ORCSep 24, 2003

In the Matter of Darryl Bonder, 2003 CanLII 74641

Veterinarian fined $1,500 for dispensing improperly labeled Valium, though withdrawal time recommendation was deemed reasonable.

A thoroughbred veterinarian appealed a Stewards Ruling fining him $1,500 for failing to properly label a bottle of Valium before dispensing it, in violation of Rule 27.20.

The veterinarian admitted to omitting required information on the label but contested the finding that his recommended 36-hour withdrawal time violated the rule.

The Ontario Racing Commission found that the 36-hour recommendation was reasonable based on clinical experience and the information available in 2000.

However, the Commission upheld the $1,500 fine due to the serious nature of dispensing improperly labeled drugs.

ORCMay 12, 2003

Richard Jukosky, 2003 CanLII 74642

Appeal allowed; horse restored to first place finish after disqualification for alleged interference overturned.

The appellant, a thoroughbred owner, appealed a decision of the Thoroughbred Industry Appeal Board that upheld the Stewards' decision to disqualify his horse from first position and place it eighth for alleged interference.

The Ontario Racing Commission panel viewed the videotape of the race, heard evidence from the Steward and jockeys, and allowed the appeal.

The purses were ordered to be distributed in accordance with the actual order of finish, restoring the appellant's horse to first place.

ORCMar 13, 2003

Jacques Bruyere v. Deputy Director, Ontario Racing Commission, 2004 CanLII 76204

Daryl Ezra, 2004 CanLII 76157

Appeal of Standardbred Trainer, Jim Skelhorn, 2004 CanLII 76206

Guy Gagnon v. Ontario Racing Commission, 2004 CanLII 76205

In the Matter of Licensee Dr. Randall Rubenstein, 2004 CanLII 76207

In the Matter of Veterinarian Dr. Brian J. Lauzon, 2004 CanLII 76208

Donald B. Gillis Jr. v. Deputy Director, 2004 CanLII 76210

Garry Macdonald, 2004 CanLII 76209

Richard K. Baker v. Administration, 2003 CanLII 74643

Earle Mack and Mark Casse, 2003 CanLII 74602

Rideau Carleton Raceway and Hiawatha Horse Park (Re), 2003 CanLII 74640

Sid Attard, 2003 CanLII 74601

Doug Hie, 2003 CanLII 74608

Re Mark Williams, 2003 CanLII 74609

Randy Fritz, 2003 CanLII 74610

Sabourin and Silvera (Re), 2003 CanLII 74603

In the Matter of 2004 Live and Intertrack Race Dates, 2003 CanLII 74594

William Megens, 2003 CanLII 74620

In the Matter of Darryl Bonder, 2003 CanLII 74641

Richard Jukosky, 2003 CanLII 74642

for Abraham Katryan

for Bruno Schickedanz

for Constant Montpellier

for Dr. Bonder

for Dr. Rubenstein

for Earl Mack

for Elmira Raceway

for Flamboro Downs Raceway

for Fort Erie Racetrack

for Georgian Downs Limited

for herself

for Hiawatha Horse Park

for himself

for Jennifer and William Edwards

for local horsepeople

for Mark Casse

for Michael Wright and Steven Bahen

for Mr. Attard

for Mr. Bruyere

for Mr. Cullen

for Mr. Fritz

for Mr. Gagnon

for Mr. Gillis

for Mr. Harris

for Mr. Robinson

for Mr. Sabourin and Mr. Silvera

for Mr. Skelhorn

for Mr. Walters

for Mr. Williams

for Ms. Warrington

for Norman Tomlinson

for OHHA

for Ontario Harness Horse Association

for owner Evaggelia Simeonidis

for Rexdale Stables and John Cardella

for Rideau Carleton

for Rideau Carleton Raceway

for Samuel Quaranta

for Starview Stable

for Sundar Kanagamany

for the Administration

for the Administration of the Ontario Racing Commission

for the Association Trot et Amble du Québec

for the Deputy Director

for the Horsemen's Benevolent and Protective Association

for the Ontario Harness Horse Association

for The Ontario Jockey Club

for the ORC Administration

for Tom Marino

for William Megens

for Woodbine Entertainment Group

on behalf of Michael McMullen

on behalf of the Administration

on behalf of the ORC Administration

on his own behalf

Decision types