/Adjudicator

minicounsel

Rod Seiling — Chair

Chair·Ontario Racing Commission

Rod Seiling

Since 2006

299

cases · 8 yrs · ORC

Trial

Motion

Costs

Appeal

Sentencing

Chair· 170Chair· 78Chairman· 28Chairman· 16Chair· 3Commission Chair· 2Commission Chair· 1Chairman· Chair· 1

Glenn T. Johnston v. Ontario Racing Commission, 2009 CanLII 91205

Veterinarian's appeal of suspension for prescribing performance-enhancing drugs to racehorses denied; penalty varied to 10 years.

The appellant, a licensed veterinarian, appealed an Order of Immediate Suspension and a Notice of Proposed Order suspending his licence for 12 years and imposing a $50,000 fine for prescribing Aranesp (EPO/DPO) to racehorses.

The Ontario Racing Commission found that the appellant breached multiple rules and the Veterinarians Act by prescribing the illegal, non-therapeutic drug without examining the horses or determining if other drugs were being administered.

The Commission denied the appeal but varied the penalty to a 10-year suspension and a $40,000 fine, consistent with the Penalty Guidelines for Equine Drug Offences.

ORCOntario Racing CommissionOct 27, 2009

William Elliott, 2009 CanLII 91233

Trainer's 10-year suspension for horse's positive DPO test confirmed; fine increased to $60,000.

The Standardbred licensee appealed an Order of Immediate Suspension and Notice of Proposed Order suspending his license for 10 years and fining him $40,000 after one of his horses tested positive for Darbepoetin-alpha (DPO).

The appellant challenged the scientific and forensic validity of the testing methodology used by the Pennsylvania Equine Toxicology & Research Laboratory (PETRL).

The Ontario Racing Commission panel found the PETRL methodology to be scientifically and forensically valid, confirmed the 10-year suspension, and increased the fine to $60,000 due to the horse's high racing status and earnings.

ORCOntario Racing CommissionOct 27, 2009

Michael Saftic, 2009 CanLII 91229

Appeal of whipping violation dismissed, but penalty varied to $500 for a third offence.

The appellant, a standardbred driver, appealed a $500 fine and three-day suspension for a fourth offence of indiscriminate whip use under Rule 22.22.

The Ontario Racing Commission panel upheld the finding of the rule violation, noting evidence of the whip being used between the horse's legs.

However, the panel found an administrative error in calculating the number of prior offences and varied the penalty to a $500 fine for a third offence.

ORCOntario Racing CommissionOct 19, 2009

William Elliott v. Ontario Racing Commission, 2009 CanLII 91198

Licensee's appeal denied; 10-year suspension confirmed and fine increased to $60,000.

The licensee appealed an Order of Immediate Suspension and a Notice of Proposed Order to suspend his licence for 10 years and impose a $40,000 fine.

The Ontario Racing Commission panel denied the appeal, confirmed the 10-year suspension, and increased the fine to $60,000.

Reasons for decision were to follow.

ORCOntario Racing CommissionOct 13, 2009

Gus Pseekos v. Ontario Racing Commission Administration, 2009 CanLII 91199

Horse trainer held blameless and assessed no penalty for positive drug test caused by contaminated feed.

The appellant, a standardbred licensee, appealed a ruling that imposed a $5,000 fine and a one-year suspension after his horse tested positive for Ractopamine.

The parties presented an Agreed Statement of Facts and Joint Submission on Disposition proposing a reduced penalty.

The Ontario Racing Commission panel rejected the joint submission, finding that the positive test resulted from inadvertent ingestion of contaminated feed for which the feed supplier accepted responsibility.

Applying a strict liability defence to the absolute liability offence, the panel held the appellant blameless and assessed no penalty, though the purse redistribution stood.

ORCOntario Racing CommissionOct 13, 2009

Dan Creighton, 2009 CanLII 91189

Appeal dismissed; mandatory penalty of placing horse last applied for absolute liability whipping rule violation.

The appellant, a standardbred licensee and trainer, appealed a ruling that placed his horse from first to last after the driver drove with both lines in one hand and struck the horse with the whip.

The Ontario Racing Commission dismissed the appeal, finding that the driver violated the newly implemented urging rules.

The Commission held that the offence was one of absolute liability and that the mandatory penalty of placing the horse last under Policy Directive No. 2-2009 must be applied, despite the violation being inadvertent and the severe financial consequences to the owner.

ORCOntario Racing CommissionOct 8, 2009

Re Angelo Economopoulos, 2009 CanLII 91221

Appeal of license revocation dismissed; appellant eligible to re-apply in six months with conditions.

The appellant appealed a Notice of Proposed Order to Revoke his license issued by the Director of the Ontario Racing Commission.

The panel upheld the Director's order, finding that the appellant failed to be truthful on his license application regarding his past record.

The panel ruled that the appellant would be eligible to re-apply for a license in six months, provided he could satisfy the Director that he meets the expected standards, including maintaining an unblemished record and obtaining letters of support from the industry.

ORCOntario Racing CommissionOct 2, 2009

Mitchell Sahely v. Ontario Racing Commission, 2009 CanLII 91188

Appeal of racing violation dismissed; driver fined $750 for bringing a frivolous appeal.

The appellant, a standardbred driver, appealed a $100 fine for failing to keep his feet in the stirrups during a race, contrary to Rule 22.19 of the Rules of Standardbred Racing.

The Ontario Racing Commission panel reviewed the video evidence, which clearly showed the appellant's foot out of the stirrup and hitting the horse's hock.

The panel dismissed the appeal, finding that the rule's intent is to ensure safety and prevent drivers from using their feet to strike the horse.

As the appellant offered no new evidence after three hearings, the panel deemed the appeal frivolous and ordered him to pay $750 pursuant to subsection 11(8) of the Racing Commission Act.

ORCOntario Racing CommissionOct 2, 2009

Jason Klein v. Ontario Racing Commission, 2009 CanLII 91204

Appeal of horse racing suspension denied; testing delay past 48 hours did not prejudice appellant.

The appellant, a standardbred licensee, appealed a decision imposing a $1,500 fine and a 60-day suspension after his horse tested positive for an excess level of TCO2.

The appellant argued that the blood sample was tested more than 48 hours after collection, contrary to the rules.

The Ontario Racing Commission denied the appeal, finding that the 48-hour timeframe is a guideline, the delay actually worked to the appellant's advantage by potentially lowering TCO2 levels, and the technical errors in the original ruling did not prejudice the appellant.

ORCOntario Racing CommissionSep 9, 2009

Rene Hunderup v. Ontario Racing Commission, 2009 CanLII 91192

Appeal of 14-day racing ineligibility for bleeding horse denied; veterinary protocol upheld.

The appellant appealed a track stewards' ruling declaring his quarter horse ineligible to race for 14 days after it was observed bleeding following a race and placed on the Bleeder List.

The Ontario Racing Commission denied the appeal, finding that the 14-day healing period was an established protocol set by veterinary professionals and that the calculation of the ineligibility period correctly excluded the day of the incident.

ORCOntario Racing CommissionSep 9, 2009

Ross Siddall, 2009 CanLII 91208

Ten-year suspension upheld but fine reduced to $20,000 for possessing performance-enhancing drug Aranesp.

The appellant, a standardbred licensee, appealed an Order of Immediate Suspension and a Notice of Proposed Order suspending his licence for 10 years and imposing a $40,000 fine for acquiring and possessing Aranesp (EPO), a prohibited performance-enhancing drug.

The appellant admitted to obtaining the drug but claimed ignorance of the rules and reliance on his veterinarian.

The Ontario Racing Commission upheld the 10-year suspension, emphasizing the severe threat performance-enhancing drugs pose to the integrity of horse racing and the need for strong deterrence, but reduced the fine to $20,000.

ORCOntario Racing CommissionAug 26, 2009

Phillip Hudon v. Ontario Racing Commission, 2009 CanLII 91216

Licensee's 6-month suspension for positive drug test stayed on conditions including substance abuse program.

The licensee, a Standardbred Driver/Trainer/Owner, appealed a suspension following a positive drug test.

The Ontario Racing Commission imposed a 6-month suspension but stayed it immediately on several conditions, including enrollment in a substance abuse program, entering a post-violation agreement for 18 months, and undergoing marriage counseling.

ORCOntario Racing CommissionAug 24, 2009

Gerald Manneke, 2009 CanLII 91214

Horse racing licence revoked due to ten-year failure to disclose criminal convictions and driving suspensions.

The appellant, a standardbred licensee, appealed a Notice of Proposed Order to revoke his licence.

A due diligence investigation revealed that the appellant had failed to disclose his criminal record, including convictions for fraud and impaired driving, and numerous driving suspensions on his licence applications over a ten-year period.

The Ontario Racing Commission dismissed the appeal, finding that the Director had reasonable grounds to conclude the appellant would not act with honesty, integrity, or in the public interest.

The appellant's licence was revoked, with the condition that he may reapply in two years or upon proving he has satisfied his outstanding financial obligations.

ORCOntario Racing CommissionAug 20, 2009

Sudbury Downs Raceway (Re), 2009 CanLII 92392

Racetrack ordered to provide bedding for ship-in stalls in the interest of animal welfare.

Sudbury Downs appealed a ruling by the Judges requiring the track to provide and maintain bedding for ship-in stalls at no cost to horsepersons, and to keep horses from the same stable together.

The Ontario Racing Commission upheld the requirement to provide bedding, finding it to be a basic animal husbandry requirement and within the Judges' authority to protect the health and welfare of horses in the public interest.

The Commission ordered the track to provide bedding until its current contract with the Northern Horsemen's Association expires, after which costs are to be resolved between the parties.

The appeal regarding stall assignments was upheld, conditional on the track's ongoing commitment to offer convenience to horsepersons.

ORCOntario Racing CommissionAug 19, 2009

Michael Wright, 2009 CanLII 91194

Appeal granted; conditional trainer's private licence approved with strict business operation restrictions.

The appellant appealed a Notice of Proposed Order to Refuse to Issue a Licence.

The Ontario Racing Commission granted the appeal, allowing the appellant to be granted a conditional trainer's private licence, provided the employing entity assumes responsibility for all stable business expenses and the appellant acts as a salaried employee.

Alternatively, the appellant may apply for an assistant trainer licence with no involvement in business operations.

The panel emphasized its policy of rehabilitation where warranted.

ORCOntario Racing CommissionAug 12, 2009

Rideau Carleton Raceway, 2009 CanLII 92391

Appeal of $5,000 fine for unsafe racetrack conditions dismissed; mandatory surface committee meetings ordered.

Rideau Carleton Raceway appealed a $5,000 fine imposed by the Judges for failing to have the racing strip suitably prepared for racing, which caused the cancellation of races due to unsafe, dusty conditions.

The Ontario Racing Commission panel dismissed the appeal, finding clear evidence that the track was not race-ready and that the track superintendent failed to comply with an order to provide weekly reports.

The panel upheld the fine and ordered the track's surface committee to meet weekly with mandatory reporting.

ORCOntario Racing CommissionAug 12, 2009

Colm McNulty, 2009 CanLII 91211

Licence revocation upheld due to foreign convictions, outstanding warrants, and failure to disclose on application.

The appellant, a standardbred licensee, appealed a Notice of Proposed Order to revoke his licence.

The Administration sought revocation based on the appellant's outstanding warrant and civil judgments in Ireland, prior convictions, and failure to disclose these matters on his licence application.

The Ontario Racing Commission found that the appellant's conduct in Ireland, including defrauding his employees of pension withholdings, and his failure to disclose his record demonstrated a lack of honesty and integrity.

The appeal was denied and the licence revocation was upheld.

ORCOntario Racing CommissionAug 10, 2009

Rebecca Rose v. Ontario Racing Commission, 2009 CanLII 91220

Trainer's suspension and fine for horse's positive caffeine test reduced due to mitigating factors.

The appellant, a standardbred licensee, appealed a one-year suspension and $5,000 fine imposed by the Judges after her horse tested positive for caffeine, a Class II drug.

The appellant admitted to administering a product called Step Up, which she did not know contained caffeine, through her veterinarian.

The Ontario Racing Commission allowed the appeal in part, reducing the suspension to six months and the fine to $2,500.

The Commission found mitigating factors, including the appellant's lack of intent to gain an unfair advantage and her reliance on a licensed veterinarian, which warranted a reduction in the penalty.

ORCOntario Racing CommissionJul 7, 2009

Sean Sullivan v. Ontario Racing Commission, 2009 CanLII 91238

Trainer's appeals of positive TCO2 tests dismissed; testing delay did not invalidate results.

Sean Sullivan, a licensed standardbred trainer, appealed two rulings regarding positive TCO2 tests for his horses Rosester and K Dog.

For the first positive test, Sullivan argued the results were invalid because the blood sample was not tested within the 48-hour timeframe prescribed by the rules.

The Panel dismissed this argument, finding the delay did not prejudice Sullivan and the scientific evidence confirmed the accuracy of the results up to 96 hours.

For the second positive test, Sullivan sought a reduced penalty.

The Panel upheld the original penalties, noting the second offence occurred while Sullivan was on probation for the first, and imposed a total fine of $6,500 and a 330-day suspension.

ORCOntario Racing CommissionJul 2, 2009

Todd (Re), 2009 CanLII 91190

Licensee's penalty for possessing syringes and injectables reduced to 60-day suspension and $1,000 fine.

The licensee appealed the penalty imposed by the track stewards for possessing hypodermic syringes, needles, and injectables contrary to the Rules of Thoroughbred Racing.

The stewards had originally imposed a two-year suspension and a $2,500 fine.

The Ontario Racing Commission panel accepted an agreed statement of facts concluding the licensee was not practicing veterinary medicine without a license.

Consequently, the panel reduced the penalty to a 60-day suspension and a $1,000 fine, distinguishing the case from a similar precedent based on the quantity and nature of the medications possessed.

ORCOntario Racing CommissionJun 18, 2009

Page 11 of 15 (299 cases)

assisting the Appellant

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1 appearance

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1 appearance
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1 appearance

for Aaron Alexander

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1 appearance

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2 appearances

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1 appearance

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1 appearance

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for the appellant

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1 appearance
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1 appearance

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1 appearance

for the Ontario Racing Commission Administration

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3 appearances
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for the owners of BOLD MANEUVER

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1 appearance
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1 appearance

for Western Fair

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2 appearances

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1 appearance

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for William Elliott

Larry ToddCounsel
1 appearance

for Windsor Raceway

Ryan TeschnerCounsel
1 appearance

for Windsor Raceway Inc.

Chris KrubaCounsel
1 appearance
Christopher KrubaCounsel
1 appearance
Christopher R. KrubaAgent
1 appearance

for Winrac Development Inc.

Christopher R. KrubaAgent
1 appearance

for Woodbine Entertainment Group

Colleen ButlerCounsel
2 appearances
Jamie MartinAgent
2 appearances
Angela CaseyCounsel
2 appearances
David McCutcheonCounsel
1 appearance
P. David McCutcheonCounsel
1 appearance
David P. McCutcheonCounsel
1 appearance
Jane HolmesAgent
1 appearance
Nick EvesAgent
1 appearance

for WRI

Ryan TeschnerCounsel
1 appearance

for Zeljko Bosnjak, Gino Cicero, Pat Crowley, Mark Ford, Sandra Houghton, Patrick Hudon, Martin Litman, Irvine Molnar, Andrew Ratchford, Keith Simpson and Stuart Sowerby

Gerald SternbergCounsel
1 appearance

friend of Anantram Singh

Robert King Jr.Agent
1 appearance

friend of the licensee

Renol AliliAgent
1 appearance

in person

Reg HiggsSelf-represented
1 appearance

on his own behalf

Richard AquilinaSelf-represented
1 appearance
Terrance RyanSelf-represented
1 appearance
Donald Gillis Jr.Self-represented
1 appearance
Garry CruiseSelf-represented
1 appearance
Cory FullerSelf-represented
1 appearance
Michael WrightSelf-represented
1 appearance
Lascelles DaCostaSelf-represented
1 appearance
Normand DessureaultSelf-represented
1 appearance
George DespotisSelf-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

299

Decisions

Years active

Tribunals

2006–2013

Active range

ORC299(100%)

Decision types

appeal

277

motion

trial

Page 11 of 15 (299 cases)