/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

Cassie Nantais v. Director, Ontario Racing Commission, 2013 CanLII 38358

Joint submission accepted; appellant's horse racing licence suspended for 29 months for medication violations.

The appellant appealed a Notice of Proposed Order to suspend her groom and owner licence for two years due to her involvement in and knowledge of prohibited injections administered to racehorses by her trainer boyfriend.

The parties presented an Agreed Statement of Facts and Joint Submission on Disposition.

The Ontario Racing Commission accepted the joint submission, imposing a 29-month suspension (time served) and allowing her to be licensed as a groom for two years subject to strict conditions.

ORCJun 24, 2013

Craig Yates v. Ontario Racing Commission, 2013 CanLII 35460

Racing license reinstated on condition of proven compliance with psychiatric return to work agreement.

The appellant appealed a ruling regarding his racing license.

The Ontario Racing Commission allowed the appeal and reinstated the appellant's license, subject to the condition that he provide written proof of compliance with his return to work agreement, including establishing a series of meetings with his psychiatrist.

ORCJun 17, 2013

Brian Lynch v. Ontario Racing Commission Administration, 2013 CanLII 33522

Appeal of horse racing interference ruling denied; video and testimony confirmed the horse changed lanes improperly.

The appellant appealed a ruling regarding interference by his horse during a race at Woodbine.

The Ontario Racing Commission panel reviewed video evidence and testimony from jockeys and a steward.

The panel concluded on a balance of probabilities that the appellant's horse changed lanes early into the turn, interfering with two other horses.

The appeal was denied.

ORCJun 12, 2013

Terry Warnes v. Director, 2012 CanLII 96533

Appeal against licence refusal dismissed after appellant failed to appear at the hearing.

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

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

Consequently, the panel upheld the Director's Order.

ORCJun 11, 2013

Georg Leber v. Ontario Racing Commission, 2013 CanLII 33812

Horse owner's appeal of mandatory 90-day suspension for positive TCO2 test dismissed.

The appellant, a horse owner, appealed a 90-day suspension imposed on his horse after it tested positive for TCO2.

The appellant argued for a reduction in the penalty due to financial hardship and his reliance on his trainer.

The Ontario Racing Commission denied the appeal, holding that the 'Owner Responsibility Rule' (Rule 11.10.01) imposes a mandatory 90-day suspension without discretion.

The rule was designed to ensure owners take a proactive role in the care of their horses and to serve as a strict deterrent against illegal medications in horse racing.

ORCJun 10, 2013

Brian Lynch Appeal, 2013 CanLII 33911

Request for stay of license suspension denied pending completion of regulatory investigation and criminal proceedings.

The appellant, a thoroughbred licensee, appealed a ruling suspending his license pending an Ontario Racing Commission investigation and requested a stay of the suspension.

The appellant was subject to a court order with restrictions related to ongoing criminal proceedings.

The Commission denied the request for a stay, finding that the appellant failed to provide compelling reasons and that financial hardship alone does not constitute extraordinary circumstances justifying a stay before the completion of the regulatory investigation and criminal matters.

ORCJun 10, 2013

Frank Hincks v. Ontario Racing Commission, 2013 CanLII 33813

Trainer's appeal of drug positive penalty denied, but remainder of suspension stayed due to mitigating factors.

The appellant, a horse trainer, appealed the penalty imposed after his horse tested positive for a Class III drug (pseudoephedrine and norpseudoephedrine).

The appellant could not explain the source of the positive test but suggested it might have come from a supplement or a groom's medication, which was refuted by veterinary evidence.

The Ontario Racing Commission panel denied the appeal but varied the penalty, staying the remainder of the 60-day suspension due to mitigating factors including the appellant's cooperation, previous clean record, and health issues, while maintaining the $1,500 fine and 2-year probation.

ORCJun 6, 2013

Mark Winacott v. Ontario Racing Commission Administration, 2013 CanLII 28227

Appeal withdrawal permitted subject to $175 costs assessment.

The appellant appealed against Ruling Number SB 45550.

At the hearing, the appellant requested to withdraw his appeal.

The Ontario Racing Commission panel allowed the withdrawal, subject to the appellant paying $175.00 in costs to the Administration for preparation work.

ORCMay 23, 2013

Ravendra Raghunath v. Ontario Racing Commission, 2013 CanLII 28230

Joint submission on penalty accepted for horse trainer following positive drug test.

The appellant, a licensed horse trainer, appealed a Stewards' ruling that imposed a 60-day suspension, a $1,500 fine, and a two-year probation after his horse tested positive for Acepromazine.

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

The panel accepted the joint submission, imposing a 60-day suspension with 15 days stayed, a $1,500 fine with $750 stayed, and two years of probation with conditions.

ORCMay 23, 2013

Robert Shepherd v. Ontario Racing Commission, 2013 CanLII 28231

Appeal of racing violation denied, but fine varied with $1,000 stayed and probation imposed.

The appellant appealed against Ruling Number SB 45049 regarding a positive test resulting from an electrolyte administration.

The Ontario Racing Commission denied the appeal but varied the penalty, staying $1,000 of the fine and imposing a two-year probation period.

The panel noted mitigating factors, including no attempt to affect performance, the appellant's previous good record, and his cooperation with the Commission.

ORCMay 23, 2013

Darlene Hunderup v. Ontario Racing Commission, 2013 CanLII 28229

Joint resolution accepted reducing horse racing licensee's suspension and fine.

The appellant appealed a Stewards' ruling that imposed a nine-month suspension, a $3,500 fine, and a two-year probation.

At the hearing, the parties presented a joint resolution.

The Ontario Racing Commission accepted the resolution, reducing the suspension, reducing the fine to $2,000 (with $1,500 stayed), and adjusting the start date of the two-year probation period.

ORCMay 23, 2013

Kevin Tremblay Appeal, 2013 CanLII 27709

Appeal of 7-month suspension and $2,000 fine for possessing unauthorized medications and lidocaine dismissed.

The appellant, a standardbred licensee, appealed the penalty portion of a ruling that fined him $2,000 and suspended him for 7 months after a search of his stable revealed unlabeled medications, medications acquired without a prescription, and loaded syringes including one containing lidocaine.

The appellant requested a variance to reduce the suspension time in exchange for an increased fine.

The Ontario Racing Commission denied the appeal, finding the original penalty reasonable given the seriousness of the multiple rule violations and the aggravating factors, including the appellant's lack of cooperation and the presence of a Class II drug.

ORCMay 17, 2013

Northern Horsemen’s Association v. Director Steve Lehman, 2013 CanLII 26685

Appeal for additional race dates and use of purse funds for track operations dismissed.

The Northern Horsemen's Association appealed the Ontario Racing Commission's decision to allocate 20 live race dates for Sudbury Downs in 2013, down from 60 days in 2012.

The appellant sought 30 race dates and requested that purse funds be used for track operations.

The Panel dismissed the appeal, finding no cogent and compelling evidence to deviate from the Ontario Racing Program principles.

The Panel held that the new economics of horse racing, including the cancellation of the Slots at Racetrack Program, necessitated the reduction, and that purse funds must be protected for purses in the best interests of racing.

ORCMay 16, 2013

Jamie Wilson v. Ontario Racing Commission Administration, 2013 CanLII 20679

Request for a stay of a racing ruling denied, but appeal hearing expedited.

The appellant, Jamie Wilson, appealed against Ruling Number SB 42/2013 and requested a stay pending the appeal.

The Chair of the Ontario Racing Commission denied the request for a stay but expedited the scheduling of the appeal hearing to a date shortly after the present hearing.

The Chair also indicated that the Administration would bring forward some of the issues raised by the appellant to the full Board of the Commission.

ORCApr 22, 2013

Brenda Spence v. Ontario Racing Commission, 2013 CanLII 19171

Appeal withdrawal granted; appellant assessed $1,500 in costs for late withdrawal.

The appellant, a standardbred licensee, requested a stay of a ruling that immediately suspended her pending an investigation.

Less than 24 hours before the scheduled hearing, she requested to withdraw her appeal.

The Ontario Racing Commission granted the withdrawal request but assessed $1,500 in costs against the appellant pursuant to Policy Directive No. 3-2010, to cover preparation and hearing costs incurred by the Commission.

ORCApr 15, 2013

Nicholas Boyd Appeal, 2013 CanLII 16165

Appeal of urging rule violation denied; penalty varied to $300 fine and 7-day suspension.

The appellant appealed a ruling finding he violated standardbred racing urging rules by raising his hand above his head during a race.

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

The panel varied the penalty to a $300 fine and a 7-day driving suspension.

ORCApr 2, 2013

Eric Lock Appeal, 2013 CanLII 15768

Trainer's suspension and fine for positive drug test stayed due to successful due diligence defence.

The appellant, a standardbred licensee and trainer, appealed a 270-day suspension and $3,000 fine issued after his horse tested positive for the Class II drug Aminorex.

The appellant did not contest the positive test but argued he exercised due diligence.

The Ontario Racing Commission found that the appellant met the standard of reasonable care on a balance of probabilities, noting his security measures, use of a licensed veterinarian, and cooperation.

The appeal was denied, but the penalty was varied: the remaining suspension and fine were stayed, while a two-year probation order continued.

ORCMar 28, 2013

Richard Carroll and Mark Williams Appeal, 2013 CanLII 12221

Horse suspensions stayed where positive drug tests were caused by contaminated feed and trainers were blameless.

Two standardbred trainers appealed the 90-day suspensions imposed on their horses under the Owner Responsibility Rule after the horses tested positive for Ractopamine.

The positive tests were traced to contaminated feed, and the trainers were absolved of responsibility.

The Ontario Racing Commission denied the appeal but varied the penalty, staying the remaining time of the suspension.

The Commission held that while the 90-day rule is absolute, it is fair to stay the penalty when all connections to the horse are held blameless, provided the drug has cleared the horse's system.

ORCMar 1, 2013

Russell Meerdink, 2013 CanLII 12240

Appeal of exemption refusal denied where appellant missed extended deadline without extenuating circumstances.

The appellant appealed the decision of the Ontario Sires Stakes Program Administrator refusing his application for an exemption due to a missed deadline.

The appellant had been granted an extension but still failed to file within the extended timeframe.

The Ontario Racing Commission denied the appeal, finding no extenuating circumstances to justify the delay and noting that granting an exemption would create an unlevel playing field for other compliant participants.

ORCMar 1, 2013

Jay Cochlin v. Ontario Racing Commission, 2013 CanLII 12225

Trainer's appeal of suspension and fine for injecting horse with vodka dismissed.

The appellant, a licensed horse trainer, appealed a one-year suspension, $5,000 fine, and two years' probation imposed after his horse tested positive for Ethanol, a Class II prohibited substance.

The appellant admitted to injecting the horse with vodka prior to a race to calm it down, but argued he was unaware of a recent notice regarding Ethanol testing and sought a reduced penalty based on a prior case involving procedural irregularities.

The Ontario Racing Commission denied the appeal, finding that Ethanol had been a prohibited substance since 2008, the appellant failed to exercise due diligence by administering an unapproved substance without veterinary advice, and there were no compelling reasons to vary the minimum penalty.

ORCJan 24, 2013

Page 2 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
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1 appearance

for Aaron Alexander

Robert McQueenCounsel
1 appearance

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Candice WarwickAgent
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Larry ToddCounsel
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Sue LeslieAgent
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Mark SkwarokCounsel
1 appearance
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Brian GreenspanAgent
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Chris RobertsAgent
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Brian GreenspanAgent
1 appearance

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Randy BennettCounsel
1 appearance

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1 appearance

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Dr. Ted ClarkeAgent
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Gordon DouganAgent
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Gord DouganAgent
1 appearance

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1 appearance

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1 appearance
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1 appearance
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1 appearance
Elizabeth ThompsonSelf-represented
1 appearance
Betty HageySelf-represented
1 appearance

for Hiawatha Horse Park

Jim HendersonAgent
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
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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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1 appearance

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31 appearances
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23 appearances
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12 appearances
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9 appearances
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8 appearances
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6 appearances
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5 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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1 appearance

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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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1 appearance

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1 appearance

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1 appearance

for the Ontario Racing Commission Administration

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10 appearances
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4 appearances
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3 appearances
Brian NewtonAgent
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
Fenton PlattsAgent
1 appearance
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1 appearance
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1 appearance
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1 appearance

for the ORC

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1 appearance

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Gail CoxSelf-represented
1 appearance
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1 appearance

for the owners of the horse, Spring Venture

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for Therese Vrablic

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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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1 appearance
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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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1 appearance

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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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Christopher R. KrubaAgent
1 appearance

for Woodbine Entertainment Group

Angela CaseyCounsel
2 appearances
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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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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 2 of 14 (267 cases)