/Adjudicator

minicounsel

Rod Seiling — Chair

Chair·Ontario Racing Commission

Rod Seiling

Since 2006

267

cases · 8 yrs · ORC

Trial

Motion

Costs

Appeal

Sentencing

Chair· 149Chair· 72Chairman· 26Chairman· 15Commission Chair· 2Chair· 2Commission Chair· 1

Brooks v. Ontario Racing Commission, 2013 CanLII 64073

Racing Commission accepted settlement requiring appellants to pay fines and costs and indefinitely surrender licences.

The appellants appealed an Order of Immediate Suspension and Notice of Proposed Order issued by the Ontario Racing Commission.

The parties reached a settlement and submitted an Agreed Statement of Facts.

The appellants acknowledged that their licence renewals were paid by a third party in a manner inconsistent with the Rules of Standardbred Racing.

The panel accepted the Agreed Statement of Facts, under which the appellants agreed to return purse monies, pay fines totalling $45,000, pay costs of $30,000, and indefinitely refrain from seeking licences to conduct Standardbred Racing in Ontario.

ORCOct 8, 2013

Keith Cassell and Dr. Ian Moore, 2013 CanLII 62094

Appeals denied; horses making breaks in consecutive races must qualify before racing again.

The appellants appealed the application of Standardbred Rules 12.10.01 and 12.10.02 to their horses, which had made breaks in consecutive races.

The appellants argued the races were eliminations for a final, but the panel found the rules clearly required the horses to qualify before racing again.

The appeals were denied, rendering the horses ineligible for the upcoming Gold Finals.

ORCSep 30, 2013

Kelly Goodwin v. Ontario Racing Commission, 2013 CanLII 62097

Appeal allowed; 90-day suspension of horses lifted as positive drug tests resulted from contaminated feed.

The appellant appealed the 90-day suspension of two horses following positive tests for Ractopamine.

An investigation revealed the positive tests were caused by contaminated feed, and the appellant was found blameless.

The Ontario Racing Commission applied the three-part test for a stay and found that extraordinary circumstances existed, the balance of convenience favoured the appellant, and the public interest was served.

The appeal was allowed, and the horses were deemed eligible to race immediately.

ORCSep 30, 2013

Richard Moreau, 2013 CanLII 62096

Stay of 90-day horse suspension for Aminorex positive denied; no exceptional circumstances shown.

The appellant, a horse trainer, appealed a 90-day suspension of his horse following a positive test for the Class I drug Aminorex.

He sought a stay of the suspension pending the appeal, arguing that previous Aminorex positives had been successfully appealed due to the drug metabolizing from a wormer.

The Ontario Racing Commission denied the stay, finding no exceptional circumstances or serious mitigating factors to justify it, and emphasizing the absolute liability nature of the offence and the public interest in drug-free racing.

ORCSep 25, 2013

Alec Fehr v. Ontario Racing Commission, 2013 CanLII 61198

Appeal allowed; horse's order of finish restored as premature gate opening provided no unfair advantage.

The appellant appealed a Stewards' ruling that declared his horse a non-starter in a race at Woodbine due to a premature opening of the starting gate.

The Ontario Racing Commission allowed the appeal and restored the order of finish, finding that only the right-hand gate opened prematurely, preventing the horse from leaving early.

The Commission held that the mere opportunity to gain an unfair advantage is insufficient to declare a rule violation when the evidence confirms no such advantage was taken.

ORCSep 24, 2013

Emma Jane Wilson v. Ontario Racing Commission, 2013 CanLII 61194

Jockey's appeal of three-day suspension for riding infractions dismissed.

The appellant appealed a three-day suspension imposed for violating several Thoroughbred Rules.

The appellant admitted to the violations.

The Ontario Racing Commission denied the appeal, finding that the three-day suspension is the standard minimum penalty for such offenses based on the evidence presented.

The panel considered the appellant's admission and her good previous riding record, but declined to vary the penalty.

ORCSep 23, 2013

Appeal of Kirk Johnson, 2013 CanLII 61197

Appeal of three-day suspension for interference in horse race dismissed to maintain penalty consistency.

The appellant appealed a three-day suspension for interference during a horse race at Fort Erie.

He admitted to violating several Thoroughbred Rules.

The Ontario Racing Commission denied the appeal, finding that the minimum penalty for interference should be maintained at three days to ensure consistency in penalties.

ORCSep 23, 2013

Marilyn Johnston v. Ontario Racing Commission, 2013 CanLII 61192

Appeal of ruling regarding inappropriate paddock behaviour and use of profanity denied.

The appellant appealed a ruling regarding her behaviour in the paddock prior to a race.

The Ontario Racing Commission found that, on a balance of probabilities, the appellant violated several Thoroughbred Rules by using profanity and acting inappropriately.

The appeal was denied.

ORCSep 23, 2013

Steven Bahen v. Ontario Racing Commission Administration, 2013 CanLII 61196

Appeal of horse racing interference penalty denied; four-day suspension imposed.

The appellant appealed a ruling by the stewards assessing a penalty for causing interference during a horse race.

The panel found that the appellant used his left hand to hit his horse, causing it to move out and interfere with another horse, and made no attempt to correct his mount.

The appeal was denied, and the penalty was varied to a four-day suspension.

ORCSep 23, 2013

Appeal of Gerry Belanger, 2013 CanLII 58827

Appeal of suspension and fine for positive horse drug test dismissed; technician's expired licence did not invalidate test.

The appellant, a licensed owner, trainer, and driver, appealed a 45-day suspension and $2,500 fine imposed after his horse tested positive for TCO2.

The appellant argued the test was invalid because the veterinary technician who administered it had an expired licence.

The Ontario Racing Commission denied the appeal, finding that the technician's expired licence was a technical error that did not invalidate the test results or her qualifications.

The Commission also found no compelling evidence to further vary the penalty, noting the appellant's responsibility as a trainer for the horse's condition.

ORCSep 17, 2013

Wayne Budram v. Director, Ontario Racing Commission, 2013 CanLII 58825

Appeal against licence refusal dismissed due to appellant's failure to appear.

The appellant appealed against the Director's Notice of Proposed Order to Refuse to Issue a Licence.

The appellant failed to appear at the scheduled hearing before the Ontario Racing Commission.

Consequently, the appeal was dismissed.

ORCSep 17, 2013

Hiawatha Horse Park v. Ontario Racing Commission Administration, 2013 CanLII 58826

Appeal of purse account underpayment order dismissed; additional fine imposed for frivolous appeal.

Hiawatha Horse Park appealed a Director's Notice of Order regarding a substantial underpayment to its purse account.

The Ontario Racing Commission denied the appeal, finding that the track violated Standardbred Rule 7.16.02 by failing to remit funds legally due to the horse people.

The panel determined the underpayment amount to be $677,000.00 and upheld the original $5,000.00 fine.

Additionally, the panel imposed a $1,500.00 fine on the appellant for filing a frivolous appeal, noting the lack of preparation and evidence.

ORCSep 16, 2013

Jack Moiseyev v. Ontario Racing Commission, 2013 CanLII 50513

Appeal of starting gate violation dismissed based on video and testimonial evidence.

The appellant appealed a ruling that he violated Standardbred Rule 22.03(j)(vii) for failing to have his horse on the starting gate during a race.

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the video evidence and testimony supported the violation.

The panel noted the appellant did not speak to the starter post-race and that enforcing the rule protects the public interest.

ORCAug 13, 2013

Nicholas Steward v. Ontario Racing Commission, 2013 CanLII 50510

Appeal of racing rule violations dismissed based on video evidence and judge's testimony.

The appellant appealed a ruling finding he violated Standardbred Rules 22.23.01(a), 22.23.04(d) and 22.23.05(a) and (b).

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the appellant committed the violations based on the testimony of the judge and the video of the race.

The penalty was not varied, considering this was his second offence and the number of times the rule was violated.

ORCAug 13, 2013

Marilyn McMullen and Pasquale Parente Appeals, 2013 CanLII 45279

Trainers' appeals of drug positive suspensions denied for failing to establish due diligence, but penalties varied.

Two horse trainers appealed their 15-day suspensions and $1,000 fines after their horses tested positive for the Class IV drug ketoprofen following race victories.

The trainers argued they exercised due diligence by relying on veterinary advice and administering the drug outside the 48-hour guideline.

The Ontario Racing Commission denied the appeals, finding the trainers failed to provide clear, cogent, and compelling evidence to establish due diligence on a balance of probabilities, as expert evidence indicated the drug was likely administered within 48 hours.

However, considering their clean records and mitigating factors, the Commission varied the penalty by staying 10 days of each suspension while maintaining the $1,000 fines.

ORCJul 23, 2013

Robert Fellows, Brad Maxwell, Bjorn Noren Appeal, 2013 CanLII 41027

Horse suspensions stayed after positive drug tests were traced to contaminated feed.

The appellants appealed the 90-day suspensions of their horses following positive tests for Ractopamine.

The Ontario Racing Commission found that the positive tests resulted from contaminated feed purchased from an arms-length supplier, and the trainers were absolved of any wrongdoing.

Relying on veterinary evidence that the drug had cleared the horses' systems, the panel concluded that extraordinary circumstances existed to grant a stay of the remaining suspension days for the horses.

ORCJul 9, 2013

John Bax v. Ontario Racing Commission Administration, 2013 CanLII 41028

Joint submission accepted; trainer suspended 7 days and fined $2,500 for positive drug test.

The appellant, a licensed driver/trainer/owner, appealed a ruling that imposed a 10-day suspension and a $2,500 fine after his horse tested positive for isoxsuprine.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The panel accepted the joint submission, reducing the suspension to seven days while maintaining the $2,500 fine, and the appellant withdrew his appeal.

ORCJul 8, 2013

Terrance Jordan Appeal (Re), 2013 CanLII 40346

Horse trainer's appeal of suspension and fine for positive equine drug test dismissed.

The appellant, a horse trainer, appealed a ruling by the Ontario Racing Commission Stewards suspending him for 6 months and fining him $5,000 after his horse tested positive for Acepromazine following a race.

The appellant argued a due diligence defence and relied on a split sample retest showing low concentration levels.

The Panel denied the appeal, finding that the appellant failed to follow the CPMA guidelines regarding dosage and frequency, ignored warnings about the drug lingering in the horse's system, and used unlicensed compounded medications.

The Panel upheld the penalty as the minimum under the guidelines for a second offence.

ORCJul 4, 2013

Robert Fellows, Brad Maxwell, Howard Taylor, Bjorn Noren and Robert Key, 2013 CanLII 40347

Stay of 90-day suspensions for positive horse drug tests denied pending completion of investigation.

Five horse trainers and owners appealed the denial of a stay of 90-day suspensions imposed after their horses tested positive for Ractopamine.

The appellants argued that extraordinary circumstances existed because the positive tests were allegedly caused by contaminated feed from a common supplier, and the suspensions would cause financial hardship.

The Ontario Racing Commission denied the appeal, finding no extraordinary circumstances to warrant a stay before the completion of the ongoing investigation and due process.

ORCJul 4, 2013

René Allard v. Ontario Racing Commission, 2013 CanLII 36479

Trainer's appeal of fine and suspension for horse's positive furosemide test dismissed.

The appellant, a standardbred racehorse trainer, appealed a ruling imposing a $500 fine and a 7-day suspension after his horse tested positive for furosemide above the permitted limit.

The appellant argued the testing process was unreliable, the horse was an outlier, he exercised due diligence, and the penalty was too severe.

The Ontario Racing Commission dismissed the appeal, finding the testing process reliable and insufficient evidence to prove the horse was an outlier.

The panel also found the appellant failed to establish a due diligence defence, as no acceptable explanation for the positive test was provided.

The penalty was confirmed as fair and proportionate.

ORCJun 25, 2013

Page 1 of 14 (267 cases)

assisting the Appellant

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Counsel for Appellant

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1 appearance
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1 appearance

for Hiawatha Horse Park

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1 appearance

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1 appearance

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1 appearance
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1 appearance

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Gerald SternbergCounsel
1 appearance

in person

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1 appearance

on his own behalf

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1 appearance
Cory FullerSelf-represented
1 appearance
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1 appearance
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1 appearance
Michael WrightSelf-represented
1 appearance
Lascelles DaCostaSelf-represented
1 appearance
Donald Gillis Jr.Self-represented
1 appearance
Terrance RyanSelf-represented
1 appearance
Normand DessureaultSelf-represented
1 appearance

participant

Chris KrubaSelf-represented
1 appearance

provided assistance to Thompson

James WhelanAgent
1 appearance

self-represented

Layne GiliforteSelf-represented
1 appearance

Supervisor of Standardbred Racing Raceway Inc.

Bill FinesAgent
1 appearance

unrepresented

Jeff BarkleySelf-represented
1 appearance
Michael SafticSelf-represented
1 appearance

267

Decisions

Years active

Tribunals

2006–2013

Active range

ORC267(100%)

Decision types

appeal

249

motion

Page 1 of 14 (267 cases)