/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

Trevor Henry v. Ontario Racing Commission, 2009 CanLII 91207

Appeal of fine and suspension for excessive whipping of a racehorse dismissed.

The appellant, a standardbred licensee, appealed a ruling that fined him $1,000 and suspended his driving privileges for four months for excessive whipping of a horse during a race.

The Ontario Racing Commission found that whipping a horse 22 to 24 times during the stretch run was excessive in the extreme and violated Standardbred Rule 22.22.

The appeal was dismissed.

ORCOntario Racing CommissionJun 4, 2009

Evzen Pindur v. Ontario Racing Commission, 2008 CanLII 89029

Licensee's request for an adjournment of the suspension appeal hearing granted on consent.

The licensee, a standardbred driver, appealed a Notice of Proposed Order and an Order of Immediate Suspension issued by the Executive Director.

At the hearing, the licensee requested an adjournment, which was granted on consent.

The hearing was rescheduled for November 2009.

ORCOntario Racing CommissionJun 2, 2009

John McCubbin Neill v. Ontario Racing Commission, 2009 CanLII 91224

Appeal allowed and disciplinary ruling set aside due to lack of evidence and procedural fairness concerns.

The appellant, a licensed Quarter Horse Exercise Person/Trainer/Owner, appealed a decision finding him in violation of Rule 15.11.01 for allegedly threatening another licensee.

Following a fresh investigation, the Administration conceded there was no reasonable prospect of conviction and raised concerns regarding procedural fairness in the initial proceedings.

The Ontario Racing Commission allowed the appeal and set aside the previous ruling.

ORCOntario Racing CommissionMay 27, 2009

John McCubbin Neill v. Ontario Racing Commission, 2009 CanLII 91213

Appeal dismissed; 30-day suspension and $500 fine upheld for possessing syringes on racetrack grounds.

The appellant, a licensed Quarter Horse owner and trainer, appealed a Stewards' ruling finding him in possession of a hypodermic syringe, needles, and injectable substances on the grounds of Ajax Downs Racetrack, contrary to the Rules of Quarter Horse Racing.

The appellant argued he was not in the restricted area of the track and was unaware of the exact boundaries.

The Ontario Racing Commission dismissed the appeal, finding that the appellant's vehicle was on the grounds of the racetrack when searched and that he did not have permission to possess the prohibited items.

The 30-day suspension and $500 fine were confirmed.

ORCOntario Racing CommissionMay 22, 2009

Patrick Rouleau v. Ontario Racing Commission, 2009 CanLII 91191

Appeal of whipping fine dismissed; additional penalty imposed for frivolous appeal.

The appellant, a licensed driver/trainer, appealed a $300 fine for indiscriminate use of the whip during a race.

He argued that placing the whip between the horse's back legs was not indiscriminate and that he was unaware of the specific rule interpretation.

The Ontario Racing Commission dismissed the appeal, finding that ignorance of the rules is not a defence and that the rule clearly prohibits such conduct.

The Commission reinstated the $300 fine and imposed an additional $100 fine for a frivolous appeal.

ORCOntario Racing CommissionMay 22, 2009

Dr. Shane Durnin, 2009 CanLII 91181

Veterinarian's appeal of penalty for refusing vehicle search denied; suspension stayed but fine upheld.

The appellant, a licensed veterinarian, appealed a ruling that fined him $5,000, suspended him for 90 days, and imposed two years' probation for refusing a search of his vehicle by an ORC investigator.

The investigator requested the search after observing suspicious behavior, including the disposal of a used syringe and the movement of the appellant's vehicle in and out of the fenced paddock area.

The appellant argued the vehicle was outside the fenced enclosure and not subject to search.

The Ontario Racing Commission denied the appeal, finding the investigator had reasonable cause and the search powers extended to the entire grounds of the association.

The fine and probation were upheld, but the suspension was stayed on the condition that the appellant abide by the Rules of Racing.

ORCOntario Racing CommissionApr 22, 2009

Cory Fuller v. Ontario Racing Commission, 2009 CanLII 92446

Appeal of racing violation dismissed; additional $1,000 penalty imposed for bringing a frivolous appeal.

The appellant appealed a Standardbred Official Ruling that fined him $1,000 and placed him on a one-year probation for violating the Rules of Standardbred Racing.

The Ontario Racing Commission panel denied the appeal, upholding the fine and probation.

Additionally, the panel imposed a further $1,000 penalty on the appellant for bringing a frivolous appeal, noting that he had agreed to the facts and offered no clear, compelling, or cogent explanation for his actions.

ORCOntario Racing CommissionApr 15, 2009

Garry Cruise, 2009 CanLII 91234

Jockey's appeal of three-day suspension for race interference denied by Ontario Racing Commission.

The appellant jockey appealed a three-day suspension and horse disqualification issued by the Stewards for causing interference during a thoroughbred race.

The Ontario Racing Commission panel heard testimony from the Stewards and other jockeys, and concluded that the appellant was not clear when he moved his horse, thereby causing the interference.

The appeal was denied and the suspension upheld.

ORCOntario Racing CommissionApr 15, 2009

Appeal of Gregg McNair, Frank Dettore and the horse Western Shore, 2009 CanLII 91241

Appeal allowed; horse placed fourth for going inside two consecutive pylons without interference.

The appellants appealed a decision of the Standardbred Industry Appeal Board that overturned a ruling by the Mohawk Raceway Judges.

The Judges had placed the horse Won The West fourth for going inside two consecutive pylons during the stretch drive.

The Ontario Racing Commission allowed the appeal, finding that the horse did go inside two consecutive pylons without interference, which under industry protocol constitutes an unfair advantage.

The original order of finish posted by the Judges was restored.

ORCOntario Racing CommissionApr 2, 2009

Administration of the Ontario Racing Commission v. Patrick Shibley, 2009 CanLII 91227

Consent application to vacate reciprocal racing ban dismissed; full hearing ordered.

The Administration of the Ontario Racing Commission brought an ex parte application, on consent of the licensee, to vacate a ruling that prohibited the licensee from participating in regulated activities based on a ban in another jurisdiction.

The Administration argued that the applicable rule encompassed suspensions but not bans.

The Chair of the Commission refused to accept the application, finding that the matter involved serious philosophical issues that required a full hearing.

ORCOntario Racing CommissionMar 26, 2009

LaPointe and St. Pierre, 2009 CanLII 91240

Horse racing licensees' appeal dismissed in absentia; original suspensions upheld and costs awarded for frivolous appeal.

The standardbred licensees appealed rulings suspending them for 15 days and fining them $1,000 each for violating racing rules related to the injection of a horse on race day and failing to properly name the trainer.

The licensees failed to attend the appeal hearing despite receiving notice and warnings about costs.

The Ontario Racing Commission proceeded in their absence, accepted the unchallenged evidence that the horse was injected to affect performance, and upheld the original penalties.

The Commission also ordered the licensees to pay $1,500 in costs for bringing a frivolous appeal.

ORCOntario Racing CommissionFeb 27, 2009

Dennis Christopher Persaud, 2009 CanLII 91243

Appeal of smoking violation dismissed in absentia; suspension increased and $1,500 fine imposed for frivolous appeal.

The appellant, a licensed exercise person, appealed a 49-day suspension and $150 fine for a third offence of smoking in a non-designated area at Fort Erie Racetrack.

The appellant failed to attend the de novo hearing before the Ontario Racing Commission despite being properly served and failing to submit a written request for an adjournment.

The Commission proceeded in his absence, dismissed the appeal, increased the suspension to 60 days due to his wanton disregard for safety rules, and imposed an additional $1,500 fine for a frivolous appeal.

ORCOntario Racing CommissionJan 15, 2009

Wilson Adhemar Castelo v. Executive Director of the Ontario Racing Commission, 2009 CanLII 91237

Licence revocation dismissed but $7,500 fine imposed for failing to disclose criminal record on applications.

The licensee appealed a Notice of Proposed Order to revoke his tradesperson licence for failing to disclose his criminal record and driving history on his licence applications.

The Ontario Racing Commission found that the licensee violated Rule 15.23 of the Rules of Thoroughbred Racing by making false or misleading statements.

However, the Commission determined that revocation was too harsh a penalty given the licensee's established business and lack of threat to the sport's integrity.

The appeal against revocation was granted, but the licensee was fined $7,500.

ORCOntario Racing CommissionJan 15, 2009

Chris DesRoches v. Ontario Racing Commission, 2009 CanLII 91179

Late stallion registration excused on compassionate grounds due to death of appellant's mother.

The appellant appealed a decision rendering the 2009 foals of his stallion ineligible for the Ontario Sires Stakes program due to late registration.

The appellant had completed the registration form and payment but forgot to mail it because of his mother's death.

The Ontario Racing Commission granted the appeal on compassionate grounds, noting the appellant's history of compliance and the lack of prejudice to others, and declared the five foals eligible for the 2009 program.

ORCOntario Racing CommissionJan 13, 2009

Leopold Auger v. Ontario Racing Commission, 2009 CanLII 91242

Appeal of suspension and fine denied after licensee admitted to offensive language and physical altercation.

The appellant, a standardbred licensee, appealed a Judges' Ruling that suspended him for ten days and fined him $500 for using offensive language and engaging in improper conduct towards racing officials.

During a meeting, the appellant became angry, tore up a Notice of Hearing, threw the pieces at a judge, and physically shoved another judge.

The Ontario Racing Commission denied the appeal, finding the appellant's admissions and the officials' testimony clearly established the violations of the rules of racing.

ORCOntario Racing CommissionJan 13, 2009

Travis Bowman v. Ontario Racing Commission, 2008 CanLII 89036

Appeal of $1,500 fine and 10-day suspension for positive equine drug test denied.

The appellant, a standardbred licensee, appealed a Judges' Ruling that fined him $1,500 and suspended him for ten days after his horse tested positive for the Class V drug Procaine.

The Ontario Racing Commission denied the appeal, finding the penalty appropriate and consistent with the penalty guidelines for equine drug offenses.

The fine and suspension were upheld.

ORCOntario Racing CommissionDec 18, 2008

Gary Parkin (Re), 2008 CanLII 88989

Trainer responsibility rule violation upheld based on necropsy evidence of unauthorized injections, but suspension and fine stayed.

The appellant, a thoroughbred licensee, appealed a Notice of Proposed Order refusing to issue him a hotwalker's licence, imposing a $5,000 fine, and prohibiting him from applying for a licence for five years.

The penalty arose after a horse trained by the appellant reared up, fractured its skull, and was euthanized on the track.

A necropsy revealed numerous recent injection marks on the horse's jugular veins and carotid artery.

The Commission found that the appellant violated the trainer responsibility rule, as the evidence established the horse was injected shortly before its death.

However, the Commission stayed the suspension and fine, placing the appellant on probation for four years.

ORCOntario Racing CommissionDec 5, 2008

David Cotey v. Ontario Racing Commission, 2008 CanLII 89002

Appeal allowed in part; matter remitted to Stewards to consider new evidence of interference.

The appellant, a thoroughbred trainer, appealed the decision of the Ontario Racing Commission Industry Appeal Board disallowing a claim of foul.

The claim alleged interference between two horses during a race.

Based on new, unchallenged testimony showing contact occurred before the finish line, the Panel allowed the appeal in part and ordered the Stewards to conduct a new hearing to determine if the contact had a material impact on the race's outcome.

ORCOntario Racing CommissionDec 4, 2008

Terry Veltri v. Director, Ontario Racing Commission, 2008 CanLII 89027

Appeal of licence refusal dismissed due to unaddressed substance abuse issues; conditions set for re-application.

The appellant, a thoroughbred licensee, appealed a Notice of Proposed Order by the Director refusing him a licence and prohibiting re-application for two years.

The Ontario Racing Commission denied the appeal, finding that the appellant had an unaddressed substance abuse problem and had not provided evidence of seeking professional help.

The Commission refused the licence but allowed the appellant to re-apply in March 2010, subject to strict conditions including proof of successful completion of a substance abuse program and good behaviour.

ORCOntario Racing CommissionNov 26, 2008

Roger A. Ellersick v. Ontario Racing Commission, 2008 CanLII 89014

Licensee reinstated with 12 months probation after serving 36-day suspension for refusing alcohol test.

The appellant, a thoroughbred licensee, failed to report for a required alcohol test at the Fort Erie Racetrack.

His license was suspended and he was referred to the Commission.

After serving a 36-day suspension and providing a negative test result, the Commission reinstated his license subject to a 12-month probation period requiring unannounced breath testing.

ORCOntario Racing CommissionNov 17, 2008

Page 12 of 15 (299 cases)

assisting the Appellant

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1 appearance

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for the Ontario Racing Commission Administration

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4 appearances
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3 appearances
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3 appearances
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for the owners of BOLD MANEUVER

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2 appearances
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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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1 appearance
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1 appearance

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2 appearances
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2 appearances
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2 appearances
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1 appearance
P. David McCutcheonCounsel
1 appearance
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1 appearance
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1 appearance
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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 12 of 15 (299 cases)