Rod Seiling

Licensee's appeal of driving suspension withdrawn; original penalty upheld with additional costs assessed.

The licensee appealed a $300 fine and a five-day driving suspension issued by the Judges for a violation of the Rules of Standardbred Racing.

At the hearing, counsel for the licensee requested to withdraw the appeal.

The Ontario Racing Commission granted the request, upheld the original fine and suspension, and assessed an additional $250 in costs against the licensee for withdrawing the appeal after the Commission had expended resources preparing for the hearing.

Sylvain Filion, 2012 CanLII 92246

Rod Seiling

Adjournment granted in appeal of fine for failing to report horse death.

The appellant, a standardbred trainer, appealed a $500 fine for failing to inform the Director of the death of a horse within two days.

During the hearing, the appellant requested an adjournment to obtain another witness.

The Panel granted a continuance of the hearing to allow the appellant to bring the witness, noting that if the witness could not attend, the appeal would be denied and the fine would remain.

Ronald Adams v. Ontario Racing Commission, 2012 CanLII 92236

Rod Seiling

Jockey's appeal of $200 fine for hitting a horse in the head with crop dismissed.

The appellant jockey appealed a $200 fine issued by the Stewards for indiscriminate use of the crop during a race.

At the hearing, the appellant admitted to hitting another horse in the head with his crop.

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the appellant violated the Rules of Thoroughbred Racing.

The $200 fine was upheld to protect the welfare of the horse and the public interest.

In the Matter of Roderick DaCosta, 2012 CanLII 92220

Ten-day driving suspension for causing an accident during a race varied to seven days.

The appellant appealed a ten-day driving suspension imposed for bearing in and causing an accident during a standardbred race.

The appeal was limited to the severity of the penalty.

The Ontario Racing Commission panel reviewed the video evidence and testimony, finding that the appellant moved off the rail and came back in, causing another driver to be unseated.

Based on penalty guidelines, the panel varied the penalty to a seven-day driving suspension.

Aaron Byron v. Ontario Racing Commission, 2012 CanLII 92206

Rod Seiling

Licensee's appeal of misconduct fine denied following admission of guilt, but penalty reduced to $400.

The appellant, a thoroughbred licensee, appealed a $500 fine issued by the Stewards for gross misconduct and uttering profanities at a racing official.

At the hearing, the appellant admitted to violating the Rules of Thoroughbred Racing.

The Ontario Racing Commission denied the appeal but reduced the fine to $400, taking into account the difficult circumstances facing horse people at Fort Erie Racetrack as a mitigating factor.

Layne Giliforte, 2012 CanLII 92362

Rod Seiling

Adjournment granted in appeal of standardbred driving suspension to allow appellant to obtain further exhibits.

The appellant, a standardbred licensee, appealed a ten-day driving suspension issued by the Judges for causing an accident during a race.

During the hearing before the Ontario Racing Commission, the appellant requested an adjournment to obtain further exhibits.

The Panel granted the continuance, with the hearing to be rescheduled.

Aaron Byron (Re), 2012 CanLII 92345

Rod Seiling

Licensee permitted to withdraw appeal of riding suspension; assessed $250 in costs.

The licensee appealed a three-day riding suspension issued by the Stewards for causing interference during a race.

At the hearing, the licensee's agent requested to withdraw the appeal.

The Ontario Racing Commission granted the request, ordered the suspension to be served, and assessed $250 in costs against the licensee for withdrawing the appeal after the Commission had expended resources preparing for the hearing.

Christopher Griffith, 2012 CanLII 92262

Rod Seiling

Horse racing appeal withdrawn; appellant assessed $50 in costs for late withdrawal.

The appellant, a quarter horse licensee, appealed a Stewards' ruling that fined him $300 for aggressive use of his crop during a race.

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

The Ontario Racing Commission granted the request but, pursuant to Policy Directive 3/2010, assessed $50 in costs against the appellant for the administrative resources expended prior to the withdrawal.

The original $300 fine remained payable.

Marty Mercieca, 2012 CanLII 92214

Jennifer Friedman

Rod Seiling

Appellant's request to withdraw appeal of conditional groom's licence ruling granted.

The appellant appealed a ruling by the Deputy Director granting him a conditional groom's licence.

Prior to the scheduled hearing, the appellant submitted a written request to withdraw his appeal.

The Ontario Racing Commission convened a panel, and with the consent of the Administration, confirmed the withdrawal of the appeal.

Henry Reid, 2012 CanLII 92209

Jennifer Friedman

Rod Seiling

Jockey granted licence restricted to Quarter Horse racing upon application for reinstatement.

The applicant, a thoroughbred jockey, appealed a 2000 ruling that set conditions for the reinstatement of his jockey's licence.

He submitted an application for a thoroughbred jockey licence, claiming he had fulfilled the conditions.

The Ontario Racing Commission panel granted the applicant a jockey's licence restricted to Quarter Horse racing only.

Francois Belanger v. Ontario Racing Commission, 2012 CanLII 92219

Jennifer Friedman

Rod Seiling

Appeal of failed trainer's test dismissed for lack of jurisdiction.

The appellant appealed a Stewards' Ruling that rendered her ineligible to be licensed as a Thoroughbred Trainer until she obtained approval from the HBPA, after she failed the HBPA Thoroughbred Trainer's Test.

The Administration of the ORC brought a preliminary motion to dismiss the appeal for lack of jurisdiction.

The Panel granted the motion, finding that the ORC does not have jurisdiction to review the test results absent evidence that the test or its standards are unreasonable, and that failing the test does not meet the standard for an appeal.

Betty Hagey v. Ontario Racing Commission, 2012 CanLII 92255

Jennifer Friedman

Rod Seiling

Appeal of licence rejection dismissed due to criminal history and non-disclosure, with leave to reapply.

The appellant appealed the rejection of his application for a Standardbred Groom's licence.

The Ontario Racing Commission dismissed the appeal, finding no new evidence or material change to warrant granting a licence.

The Commission noted the appellant's past criminal history and failure to properly disclose past violations on his application.

However, the Commission waived its policy regarding working with racehorses on a farm and permitted the appellant to reapply in 2014 if he keeps the peace and is of good behaviour.

George Lazaravitch v. Ontario Racing Commission, 2012 CanLII 92249

Rod Seiling

Appeal of driving suspension and fine for indiscriminate whip use denied.

The appellant, a standardbred licensee, appealed a 5-day driving suspension and $300 fine for using his whip in an indiscriminate manner during a race.

The Ontario Racing Commission panel reviewed the evidence, including the race video and testimony of the judge, and concluded that the appellant violated Rule 22.23.01(a).

The appeal was denied and the penalty was upheld.

Marc St. Louis (Re), 2012 CanLII 92356

Rod Seiling

Appeal of driving suspension and fine for striking horse below shaft denied.

The appellant, a standardbred licensee, appealed a Judges' ruling that imposed a 3-day driving suspension and a $200 fine for striking a horse below the level of the shaft during a race.

The Ontario Racing Commission panel reviewed the evidence and heard testimony.

The panel denied the appeal, upholding the fine and suspension.

John Brandon Campbell, 2012 CanLII 92250

Rod Seiling

Adjournment granted to unrepresented licensee to accommodate counsel, peremptorily set for a later date.

The licensee appealed a 10-day driving suspension and two years' probation for failing to attend a hearing.

At the hearing, the unrepresented licensee requested an adjournment to accommodate counsel.

The Chair granted the adjournment despite noting the unreasonable delay in retaining a representative, and peremptorily set the hearing for June 19, 2012.

Doug McNair, 2012 CanLII 92217

Jennifer Friedman

Rod Seiling

ORCUnanimous0 cases2007–2012

James Donnelly

Dan Nixon

ORCOntario Racing CommissionMay 23, 2012

Appeal to move three November race dates to December at Sudbury Downs dismissed.

The appellant appealed the Ontario Racing Commission's 2012 schedule of race dates for Sudbury Downs, requesting that three race dates in November be moved to December.

The panel denied the appeal, finding that the requested changes were not supported by horse supply or customer demand, and that the original dates were assigned in accordance with the principles of the Ontario Racing Program.

Northern Horsemen's Association v. Sudbury Downs, 2012 CanLII 99751

Jennifer Friedman

Rod Seiling

ORCOntario Racing CommissionMay 22, 2012

Appeal of licence refusal dismissed for lack of jurisdiction due to 57-day late filing.

The appellant appealed a decision of the Director of the Ontario Racing Commission refusing to grant him a Standardbred Licence.

The appeal was filed 57 days after the 15-day statutory deadline.

The appellant argued financial hardship as the reason for the delay.

The Panel dismissed the appeal, finding it lacked jurisdiction and that the appellant failed to provide cogent evidence of extraordinary circumstances to justify an exception to the rules.

Richard Aquilina, 2012 CanLII 92232

Jennifer Friedman

Rod Seiling

ORCOntario Racing CommissionMay 18, 2012

Groom reinstated with conditional licence subject to a new two-year Post Violation Agreement.

The appellant, a groom, was suspended indefinitely following a violation of his conditional licence.

After providing a negative sample, he applied for reinstatement.

The Ontario Racing Commission accepted the joint recommendations of the Administration and the unrepresented appellant, ordering his reinstatement subject to a new two-year Post Violation Agreement, mandatory testing, and other conditions.

Jeff Barkley, 2012 CanLII 92251

Jennifer Friedman

Gerry White

11 cases2004–2013

Rod Seiling

Dan Nixon

ORCUnanimous0 cases2003–2013

Brenda Walker

ORCOntario Racing CommissionApr 26, 2012

Appeal of suspension and fine for positive drug test in racehorse denied due to lack of tampering evidence.

The appellant, a standardbred licensee, appealed a one-year suspension, $5,000 fine, and two-year probation imposed after a horse he trained tested positive for a Class II drug.

The appellant argued the positive test was the result of tampering by another trainer.

The Ontario Racing Commission denied the appeal, finding no credible evidence of tampering and noting the appellant's failure to take precautions to protect the horse.

The original penalty was confirmed.

Sebastien Giroux v. Ontario Racing Commission, 2012 CanLII 92341

Rod Seiling

ORCOntario Racing CommissionApr 19, 2012

Appeal of driving suspension and fine for excessive whipping of a horse dismissed.

The appellant, a standardbred licensee, appealed a Judges' Ruling imposing a $300 fine and a 5-day driving suspension for violating the Rules of Standardbred Racing by excessively striking a horse.

The Ontario Racing Commission dismissed the appeal, finding that video evidence and testimony established the appellant struck the horse about nine times during the stretch run and raised his arm past 90 degrees.

The penalty was upheld, with the panel noting a previous warning as an aggravating factor.

Nick Steward, 2013 CanLII 52674

assisting the Appellant

Harvey SwartzAgent
1 appearance

Counsel for Appellant

Robert BurgessCounsel
1 appearance

Counsel for the Administration

Jennifer FriedmanCounsel
1 appearance
Angela HollandCounsel
1 appearance

for Aaron Alexander

Robert McQueenCounsel
1 appearance

for ALEXANDER

Brandt LeaveyParalegal
1 appearance

for Anantram Singh

Robert King Jr.Agent
2 appearances

for Anette Lorentzon

D. Larry ToddCounsel
1 appearance

for Angie Matthews

Darryl R. MacArthurAgent
1 appearance

for Anthony Stephen

Mike McMullenAgent
1 appearance

for appellants Brian Lynch and Stronach Stables

Shale WagmanCounsel
1 appearance

for appellant Todd Kabel

Dan McMahonCounsel
1 appearance

for Armata

Harvey SwartzCounsel
1 appearance

for Aubrey Friedman

Warren RapoportCounsel
2 appearances

for Beback

Larry ToddCounsel
1 appearance

for Ben Wallace, Kelly Sheppard and Ken Duncan

D. Larry ToddCounsel
1 appearance

for Brad Kramer

Robert BurgessCounsel
1 appearance

for Brad Maxwell and Howard Taylor

Howard TaylorCounsel
1 appearance

for CASTELLANO

Daniel McMahonCounsel
1 appearance

for Chris Christoforou

Murray NeilsenCounsel
1 appearance

for Christopher Griffith

Alan RaymondAgent
1 appearance

for Companion

Robert BurgessCounsel
1 appearance

for Constant Montpellier

Frank L. RothCounsel
1 appearance

for Cotey

Daniel McMahonCounsel
1 appearance

for Curran

Larry ToddCounsel
1 appearance

for DAIGREPONT

Larry ToddCounsel
1 appearance

for Daniel Waxman and Vandalay Racing

David MooreCounsel
1 appearance

for David James, the owner of Shillelagh Slew

Gerry SternbergCounsel
1 appearance

for Dennis Moffatt

Daniel ScottCounsel
1 appearance

for Donald Salzsauler and 984428 Ontario Limited

Laura YoungCounsel
1 appearance

for Doyle

Peter F.C. HowardCounsel
1 appearance

for Dresden Raceway and Windsor Raceway

Chris KrubaCounsel
1 appearance
Pat SoulliereAgent
1 appearance

for Dr. Shane Durnin

Peter BehrCounsel
1 appearance

for Ellersick

Candice WarwickAgent
1 appearance

for Elliott

Larry ToddCounsel
1 appearance

for EVANS

Peter HowardCounsel
1 appearance

for Evzen Pindur

Howard CohenCounsel
1 appearance

for FELRC

Tom ValiquetteAgent
1 appearance

for Flamboro

Bruce BarbourAgent
1 appearance

for Frank Huarte

Sue LeslieAgent
1 appearance

for Gary Parkin

Dan McMahonCounsel
1 appearance

for GCGC

Mark SkwarokCounsel
1 appearance
Bruce BarbourAgent
1 appearance

for George Large

Brian TropeaAgent
1 appearance

for George Peters

Brian GreenspanAgent
1 appearance

for Georgian Downs

Chris RobertsAgent
1 appearance

for Gerry Merner

Brian GreenspanAgent
1 appearance

for Gilbert Hamel

Randy BennettCounsel
1 appearance

for GIROUX

Gerry WhiteCounsel
1 appearance

for Gordon McDonnell

G. Dewar LaingCounsel
1 appearance

for Grand River Raceway

Dr. Ted ClarkeAgent
2 appearances

for Gregg McNair, Douglas McNair, and the owners of Aracache Hanover

Robert BurgessCounsel
1 appearance

for Hanover Raceway

Gordon DouganAgent
1 appearance
Gord DouganAgent
1 appearance

for Harlequin Ranches

Shale WagmanCounsel
1 appearance

for HENRY

David MooreCounsel
1 appearance

for Henry Reid

Candice WarwickAgent
1 appearance

for herself

Brenda DuncanSelf-represented
1 appearance
Lynn SimonSelf-represented
1 appearance
Carolyn CostiganSelf-represented
1 appearance
Betty HageySelf-represented
1 appearance
Julie RobillardSelf-represented
1 appearance
Elizabeth ThompsonSelf-represented
1 appearance
Brenda SpenceSelf-represented
1 appearance

for Hiawatha Horse Park

Jim HendersonAgent
1 appearance

for himself

Anthony MacDonaldSelf-represented
2 appearances
Joe TavaresSelf-represented
2 appearances
Richard Jason MorrowSelf-represented
2 appearances
Rene HunderupSelf-represented
2 appearances
Rene AllardSelf-represented
2 appearances
Richard TurcotteSelf-represented
2 appearances
John McCubbin NeillSelf-represented
2 appearances
Doug McNairSelf-represented
2 appearances
Wayne PreszcatorSelf-represented
2 appearances
James MarchmentSelf-represented
1 appearance
Mike E. PeconiSelf-represented
1 appearance
Dave PoleySelf-represented
1 appearance
Travis BowmanSelf-represented
1 appearance
Wilson Adhemar CasteloSelf-represented
1 appearance
Mitchell SahelySelf-represented
1 appearance
Jonathan JonesSelf-represented
1 appearance
Randy ZhokSelf-represented
1 appearance
Anthony StephenSelf-represented
1 appearance
Peter LathourisSelf-represented
1 appearance
Marvin ChantlerSelf-represented
1 appearance

for Honey Thorn

Anthony MacDonaldAgent
1 appearance

for Hudon

Murray NeilsonCounsel
1 appearance

for Isaac Waxman

Robert BurgessCounsel
1 appearance

for Jack Moiseyev

William O'DonnellAgent
1 appearance

for James MacDonald

Jody JamiesonAgent
1 appearance

for Jason Klein

Mike StoikopolousAgent
1 appearance

for Jason Robertson

Terry WaltenburyCounsel
1 appearance
Edmond PaquetteCounsel
1 appearance

for Jeffrey Snyder

Arlen SternbergCounsel
1 appearance

for Joanne Osborne

Dan McMahonCounsel
1 appearance

for John DiMarco

Larry ToddCounsel
1 appearance

for John Kopas and John Pentland

Louis LiebenauCounsel
1 appearance

for JOHNSTON

Doug JackCounsel
1 appearance

for Jonathon Shepherd

Harvey SwartzCounsel
1 appearance

for Joshua Marks

Larry ToddCounsel
1 appearance

for Justin Stein

Daniel J. McMahonCounsel
1 appearance

for Karen Cooper

Brian GreenspanAgent
1 appearance

for Ken Duncan

Brian GreenspanAgent
1 appearance

for Kenneth William Hornick

Joseph P. FiorucciCounsel
1 appearance

for Kerry and Shirley House

Frank RothCounsel
1 appearance

for Krista Carignan

Robert KingAgent
1 appearance

for licensee Bill Davis

Robert BurgessCounsel
1 appearance

for licensee Taylor

Howard TaylorSelf-represented
1 appearance

for licensee Todd

D. Larry ToddCounsel
1 appearance

for licensee Villeneuve

Robert KingAgent
1 appearance

for Luis Contreras and Barbara Minshall

Avelino Gomez Jr.Agent
1 appearance

for Manneke

Gerald SternbergCounsel
1 appearance

for MARINO

Peter SimmCounsel
1 appearance

for Martin Goldman

Jean Marc MackenizeCounsel
1 appearance

for McMullen

Conrad CohenAgent
1 appearance

for McNAIR and DETTORE

Gerald SternbergCounsel
1 appearance

for Michael Langdon

Jody JamiesonAgent
1 appearance

for MICHELON, BRITTANY, ERVIN and RIVERVIEW

Robert BurgessCounsel
1 appearance
James GeisCounsel
1 appearance

for Mitchell Sahely

Brian GreenspanAgent
1 appearance

for Mr. Fulmer

Brian TropeaAgent
1 appearance

for Mr. Husbands

Daniel J. McMahonCounsel
1 appearance

for Mr. Jones

Robert KingAgent
1 appearance

for Mr. Montini

Ronald MoldaverCounsel
1 appearance

for Mr. Preszcator

Frank L. RothCounsel
1 appearance

for Mr. Ross

Conrad CohenAgent
1 appearance

for Mr. Saumure

Gerry WhiteCounsel
1 appearance

for Mr. Singh

Shale WagmanCounsel
1 appearance

for Mr. Walter

Frank L. RothCounsel
1 appearance

for Mr. Zubkoff and Ms. Lester

Gerald SternbergCounsel
1 appearance

for NHA

Cheryl DanylukAgent
2 appearances

for Nickolas Steward

BossenceAgent
1 appearance

for OHHA

Andrew FinkelsteinCounsel
2 appearances
Andrew StaniuszCounsel
1 appearance
Frank CesarioCounsel
1 appearance

for Parente

Daniel McMahonCounsel
1 appearance

for PARSONS

Larry ToddCounsel
1 appearance

for Pat Hales

Brian TropeaAgent
1 appearance

for Patrick Husbands and Mark Casse

Dan McMahonCounsel
1 appearance

for POLIFRONI

James EvansCounsel
1 appearance

for RC

Calina RitchieCounsel
1 appearance

for Rebecca Rose

Larry ToddCounsel
1 appearance

for Richard Zeron

Nicholas A. XynnisCounsel
1 appearance

for Robert Fellows, Bjorn Noren and Robert Key

Robert BurgessCounsel
1 appearance

for Ross Siddall

Brian TropeaAgent
1 appearance

for SELIG

Larry ToddCounsel
1 appearance

for Steven Binkley

Bob BurgessCounsel
1 appearance

for Sudbury Downs

Andrew MacIsaacAgent
6 appearances
Catherine Beagan-FloodCounsel
1 appearance
Catherine Beagan FloodCounsel
1 appearance
Andrew MacIsaacCounsel
1 appearance
Iris AntoniosCounsel
1 appearance

for Sullivan

Gerry WhiteCounsel
1 appearance

for Ted Jacobs

Randall WaplesAgent
1 appearance

for Terance Jordan

Dan McMahonCounsel
2 appearances

for Terry Husbands

Harvey SwartzCounsel
1 appearance

for the Administration

Jennifer FriedmanCounsel
46 appearances
Angela HollandCounsel
36 appearances
Anthony WilliamsCounsel
29 appearances
Brendan Van NiejenhuisCounsel
17 appearances
Maureen HarquailCounsel
13 appearances
Rick RierAgent
11 appearances
Luisa RitaccaCounsel
10 appearances
Aaron DantowitzCounsel
8 appearances
Gunnar LindbergAgent
6 appearances
Owen ReesCounsel
5 appearances
Patricia LatimerCounsel
4 appearances
Wendy HoogeveenAgent
4 appearances
Brian NewtonAgent
3 appearances
Brennagh SmithCounsel
2 appearances
Maureen A. HarquailCounsel
2 appearances
Dave StewartAgent
2 appearances
Trudy MauthCounsel
2 appearances
Patty LatimerCounsel
1 appearance
Craig WalkerAgent
1 appearance
Brendan van NiejenhuisCounsel
1 appearance

for the Administration for the ORC

Brian NewtonAgent
7 appearances
Richard GrubbAgent
1 appearance

for the Administration of the Ontario Racing Commission

Jennifer FriedmanAgent
1 appearance

for the Administration of the ORC

Tom MillerAgent
17 appearances
Jennifer FriedmanCounsel
17 appearances
Neil McCoagAgent
12 appearances
Anthony WilliamsCounsel
3 appearances
Maureen HarquailCounsel
2 appearances
Craig WalkerAgent
2 appearances
Gunnar LindbergAgent
2 appearances
Brian NewtonAgent
2 appearances
Tom MillerCounsel
1 appearance
Fenton PlattsAgent
1 appearance
Trudy MauthCounsel
1 appearance
Rick RierAgent
1 appearance
Craig WalkerCounsel
1 appearance
Jeff MinlerAgent
1 appearance

for the appellant

Laura YoungCounsel
1 appearance
Michael SinclairAgent
1 appearance
Frank RothCounsel
1 appearance

for the Appellant

Brian TropeaAgent
3 appearances
Robert B. Burgess, Q.C.Counsel
2 appearances
Jeffrey MacLarenSelf-represented
1 appearance
Robert ShepherdSelf-represented
1 appearance
David BurkeCounsel
1 appearance
Steven BahenSelf-represented
1 appearance
David MilburnCounsel
1 appearance
Conrad CohenAgent
1 appearance
Larry ToddCounsel
1 appearance
Craig YatesSelf-represented
1 appearance
Kirk JohnsonSelf-represented
1 appearance
Jack MoiseyevSelf-represented
1 appearance
Brenda SpenceSelf-represented
1 appearance
Georg LeberSelf-represented
1 appearance
John BaxSelf-represented
1 appearance
Joanne ColvilleSelf-represented
1 appearance
Katherine LockAgent
1 appearance
Karen PappinAgent
1 appearance
Brent LeaveyCounsel
1 appearance
Marilyn JohnstonSelf-represented
1 appearance

for the Appellant Biekx

William O'DonnellAgent
1 appearance

for the Appellant Brad Maxwell

Howard TaylorCounsel
1 appearance

for the Appellant Jackson

Dave BoughtonAgent
1 appearance

for the Appellant Kabel

Dan McMahonCounsel
1 appearance

for the Appellant McNair

Anthony MacdonaldAgent
1 appearance

for the appellant Paul Macdonell

Randy BennettAgent
1 appearance

for the appellants

Dan McMahonCounsel
1 appearance
Robert BurgessCounsel
1 appearance
Shale WagmanCounsel
1 appearance
Anthony HaughanCounsel
1 appearance
Karen MurphyCounsel
1 appearance
Jean Marc MacKenzieCounsel
1 appearance

for the Appellants

Randy BennettCounsel
1 appearance
Robyn M. Ryan BellCounsel
1 appearance
Christopher S. McKennaCounsel
1 appearance

for the Appellants Robert Fellows and Bjorn Noren

Robert BurgessCounsel
1 appearance

for the Appellant Steward

Brian TropeaAgent
1 appearance

for the Appellant Waples

Anthony MacDonaldAgent
1 appearance

for the Appellant Yake

Chris YakeAgent
1 appearance

for the Applicants

Ross NicholsonCounsel
1 appearance

for the Commission

Luisa RitaccaCounsel
1 appearance

for the licensee

Shale WagmanCounsel
1 appearance

for the Licensee

Howard W. CohenCounsel
1 appearance

for the licensee Aaron Byron

Mike SinclairCounsel
1 appearance

for the licensee Allan Garth Cullen

Brian TropeaUnion representative
1 appearance

for the licensee, Allan G. Cullen

Kenneth Shawn MarleyCounsel
1 appearance

for the licensee Anantram Singh

Robert KingAgent
1 appearance

for the licensee Bruno Schickedanz

Peter SimmCounsel
1 appearance

for the licensee Jay Polifroni

James EvansCounsel
1 appearance

for the licensee Ming Fong

Ming FongSelf-represented
1 appearance

for the licensee Nicholas Steward

Brian TropeaUnion representative
1 appearance

for the licensee Pinto

Michael McMullenAgent
1 appearance

for the licensee Roderick DaCosta

Robert KingUnion representative
1 appearance

for the licensee Ron Adams

William O'DonnellAgent
2 appearances

for the licensee Sylvain Filion

Robert BurgessCounsel
1 appearance

for the moving party Patrick Hudon

Gerald SternbergCounsel
1 appearance

for the Northern Horsemen's Association

Cheryl DanylukAgent
1 appearance
Bob BodkinUnion representative
1 appearance
Bob BodkinAgent
1 appearance

for the Northern Horsemen’s Association

Robert BodkinAgent
1 appearance
Cheryl DanylukAgent
1 appearance
Robert BodkinCounsel
1 appearance

for the OHHA

John WalzakAgent
1 appearance
Arlen SternbergCounsel
1 appearance

for the Ontario Harness Horse Association

John WalzakAgent
2 appearances
Kevin LenardAgent
1 appearance
Malcolm MacPhailAgent
1 appearance
Darryl MacArthurAgent
1 appearance
John WalzakCounsel
1 appearance
Darryl MacArthurUnion representative
1 appearance
David OuterbridgeCounsel
1 appearance
Brian TropeaUnion representative
1 appearance
Brian TropeaAgent
1 appearance

for the Ontario Harness Horsemen's Association

John WalzakAgent
1 appearance

for the Ontario Racing Commission Administration

Jennifer FriedmanCounsel
14 appearances
Angela HollandCounsel
4 appearances
Anthony WilliamsCounsel
3 appearances
Neil McCoagAgent
3 appearances
Brian NewtonAgent
2 appearances
Craig WalkerAgent
1 appearance
Tom MillerAgent
1 appearance
Luisa RitaccaCounsel
1 appearance
Fenton PlattsAgent
1 appearance
Gunnar LindbergAgent
1 appearance
Brendan Van NiejenhuisCounsel
1 appearance
Rick RierAgent
1 appearance
Brian NewtonCounsel
1 appearance

for the ORC

Tom MillerAgent
1 appearance

for the owners of BOLD MANEUVER

John MenarySelf-represented
1 appearance
Gail CoxSelf-represented
1 appearance

for the owners of the horse, Spring Venture

Harvey SwartzCounsel
1 appearance

for Therese Vrablic

Larry ToddCounsel
1 appearance

for the Woodstock Agricultural Society

Tami MairsAgent
1 appearance

for Timothy Bates

Bill O'DonnellAgent
1 appearance

for Trevor Henry

Ross NicholsonCounsel
1 appearance

for Tyler Moore

Neeko SteinAgent
1 appearance

for UMPHREY

Randy BennettCounsel
1 appearance

for WAXMAN

Mary GrossoCounsel
1 appearance
Andrew FinkelsteinCounsel
1 appearance

for Waxman and Vandalay

David MooreCounsel
1 appearance

for WEG

David McCutcheonCounsel
2 appearances
Jamie MartinAgent
2 appearances
Angela CaseyCounsel
1 appearance
Jacob KauffmanCounsel
1 appearance
Scott McKelvieAgent
1 appearance
Jane HolmesAgent
1 appearance
Steve MitchellAgent
1 appearance

for Western Fair

Reg AshAgent
2 appearances

for Western Fair Raceway

Ian FlemingAgent
1 appearance

for WHELAN

Jean Marc MackenizeCounsel
1 appearance

for William Elliott

Larry ToddCounsel
1 appearance

for Windsor Raceway

Ryan TeschnerCounsel
1 appearance

for Windsor Raceway Inc.

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

for Winrac Development Inc.

Christopher R. KrubaAgent
1 appearance

for Woodbine Entertainment Group

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

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

312

Decisions

Years active

Tribunals

3.9

cases/mo

ORC312(100%)

Decision types

appeal

288

motion

trial

/Adjudicator

Rod Seiling — Chair

Other Tribunals

Administrative Law

Rod Seiling

Chair·Ontario Racing Commission·Since 2006

312

cases · 8 yrs · ORC

Trial

Motion

Costs

Appeal

Sentencing

Chair· 177Chair· 81Chairman· 30Chairman· 16Chair· 3Commission Chair· 2Commission Chair· 2Chairman· Chair· 1

Robert Burgess

21 cases2002–2016

Rod Seiling

Licensee's appeal of driving suspension withdrawn; original penalty upheld with additional costs assessed.

The licensee appealed a $300 fine and a five-day driving suspension issued by the Judges for a violation of the Rules of Standardbred Racing.

At the hearing, counsel for the licensee requested to withdraw the appeal.

Sylvain Filion, 2012 CanLII 92246

Rod Seiling

Adjournment granted in appeal of fine for failing to report horse death.

The appellant, a standardbred trainer, appealed a $500 fine for failing to inform the Director of the death of a horse within two days.

During the hearing, the appellant requested an adjournment to obtain another witness.

The Panel granted a continuance of the hearing to allow the appellant to bring the witness, noting that if the witness could not attend, the appeal would be denied and the fine would remain.

Ronald Adams v. Ontario Racing Commission, 2012 CanLII 92236

Rod Seiling

Jockey's appeal of $200 fine for hitting a horse in the head with crop dismissed.

The appellant jockey appealed a $200 fine issued by the Stewards for indiscriminate use of the crop during a race.

At the hearing, the appellant admitted to hitting another horse in the head with his crop.

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the appellant violated the Rules of Thoroughbred Racing.

The $200 fine was upheld to protect the welfare of the horse and the public interest.

In the Matter of Roderick DaCosta, 2012 CanLII 92220

Mike Sinclair

1 case2012–2012

Brian Newton

1 case2012–2012

Rod Seiling

ORCOntario Racing CommissionSep 20, 2012

Ten-day driving suspension for causing an accident during a race varied to seven days.

The appellant appealed a ten-day driving suspension imposed for bearing in and causing an accident during a standardbred race.

The appeal was limited to the severity of the penalty.

The Ontario Racing Commission panel reviewed the video evidence and testimony, finding that the appellant moved off the rail and came back in, causing another driver to be unseated.

Based on penalty guidelines, the panel varied the penalty to a seven-day driving suspension.

Aaron Byron v. Ontario Racing Commission, 2012 CanLII 92206

Rod Seiling

Licensee's appeal of misconduct fine denied following admission of guilt, but penalty reduced to $400.

The appellant, a thoroughbred licensee, appealed a $500 fine issued by the Stewards for gross misconduct and uttering profanities at a racing official.

At the hearing, the appellant admitted to violating the Rules of Thoroughbred Racing.

The Ontario Racing Commission denied the appeal but reduced the fine to $400, taking into account the difficult circumstances facing horse people at Fort Erie Racetrack as a mitigating factor.

Layne Giliforte, 2012 CanLII 92362

Rod Seiling

Adjournment granted in appeal of standardbred driving suspension to allow appellant to obtain further exhibits.

The appellant, a standardbred licensee, appealed a ten-day driving suspension issued by the Judges for causing an accident during a race.

During the hearing before the Ontario Racing Commission, the appellant requested an adjournment to obtain further exhibits.

The Panel granted the continuance, with the hearing to be rescheduled.

Aaron Byron (Re), 2012 CanLII 92345

Rod Seiling

Licensee permitted to withdraw appeal of riding suspension; assessed $250 in costs.

The licensee appealed a three-day riding suspension issued by the Stewards for causing interference during a race.

At the hearing, the licensee's agent requested to withdraw the appeal.

Christopher Griffith, 2012 CanLII 92262

Rod Seiling

Horse racing appeal withdrawn; appellant assessed $50 in costs for late withdrawal.

The appellant, a quarter horse licensee, appealed a Stewards' ruling that fined him $300 for aggressive use of his crop during a race.

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

The original $300 fine remained payable.

Marty Mercieca, 2012 CanLII 92214

Jennifer Friedman

Rod Seiling

Appellant's request to withdraw appeal of conditional groom's licence ruling granted.

The appellant appealed a ruling by the Deputy Director granting him a conditional groom's licence.

Prior to the scheduled hearing, the appellant submitted a written request to withdraw his appeal.

The Ontario Racing Commission convened a panel, and with the consent of the Administration, confirmed the withdrawal of the appeal.

Henry Reid, 2012 CanLII 92209

Jennifer Friedman

Rod Seiling

Jockey granted licence restricted to Quarter Horse racing upon application for reinstatement.

The applicant, a thoroughbred jockey, appealed a 2000 ruling that set conditions for the reinstatement of his jockey's licence.

He submitted an application for a thoroughbred jockey licence, claiming he had fulfilled the conditions.

The Ontario Racing Commission panel granted the applicant a jockey's licence restricted to Quarter Horse racing only.

Francois Belanger v. Ontario Racing Commission, 2012 CanLII 92219

Jennifer Friedman

Rod Seiling

Appeal of failed trainer's test dismissed for lack of jurisdiction.

The Administration of the ORC brought a preliminary motion to dismiss the appeal for lack of jurisdiction.

Betty Hagey v. Ontario Racing Commission, 2012 CanLII 92255

Jennifer Friedman

Rod Seiling

Appeal of licence rejection dismissed due to criminal history and non-disclosure, with leave to reapply.

The appellant appealed the rejection of his application for a Standardbred Groom's licence.

The Ontario Racing Commission dismissed the appeal, finding no new evidence or material change to warrant granting a licence.

The Commission noted the appellant's past criminal history and failure to properly disclose past violations on his application.

However, the Commission waived its policy regarding working with racehorses on a farm and permitted the appellant to reapply in 2014 if he keeps the peace and is of good behaviour.

George Lazaravitch v. Ontario Racing Commission, 2012 CanLII 92249

Rod Seiling

Appeal of driving suspension and fine for indiscriminate whip use denied.

The appellant, a standardbred licensee, appealed a 5-day driving suspension and $300 fine for using his whip in an indiscriminate manner during a race.

The Ontario Racing Commission panel reviewed the evidence, including the race video and testimony of the judge, and concluded that the appellant violated Rule 22.23.01(a).

The appeal was denied and the penalty was upheld.

Marc St. Louis (Re), 2012 CanLII 92356

Rod Seiling

Appeal of driving suspension and fine for striking horse below shaft denied.

The appellant, a standardbred licensee, appealed a Judges' ruling that imposed a 3-day driving suspension and a $200 fine for striking a horse below the level of the shaft during a race.

The Ontario Racing Commission panel reviewed the evidence and heard testimony.

The panel denied the appeal, upholding the fine and suspension.

John Brandon Campbell, 2012 CanLII 92250

Rod Seiling

Adjournment granted to unrepresented licensee to accommodate counsel, peremptorily set for a later date.

The licensee appealed a 10-day driving suspension and two years' probation for failing to attend a hearing.

At the hearing, the unrepresented licensee requested an adjournment to accommodate counsel.

The Chair granted the adjournment despite noting the unreasonable delay in retaining a representative, and peremptorily set the hearing for June 19, 2012.

Doug McNair, 2012 CanLII 92217

Jennifer Friedman

Rod Seiling

ORCUnanimous0 cases2007–2012

James Donnelly

Dan Nixon

ORCOntario Racing CommissionMay 23, 2012

Appeal to move three November race dates to December at Sudbury Downs dismissed.

The appellant appealed the Ontario Racing Commission's 2012 schedule of race dates for Sudbury Downs, requesting that three race dates in November be moved to December.

Northern Horsemen's Association v. Sudbury Downs, 2012 CanLII 99751

Jennifer Friedman

Rod Seiling

ORCOntario Racing CommissionMay 22, 2012

Appeal of licence refusal dismissed for lack of jurisdiction due to 57-day late filing.

The appellant appealed a decision of the Director of the Ontario Racing Commission refusing to grant him a Standardbred Licence.

The appeal was filed 57 days after the 15-day statutory deadline.

The appellant argued financial hardship as the reason for the delay.

The Panel dismissed the appeal, finding it lacked jurisdiction and that the appellant failed to provide cogent evidence of extraordinary circumstances to justify an exception to the rules.

Richard Aquilina, 2012 CanLII 92232

Jennifer Friedman

Rod Seiling

ORCOntario Racing CommissionMay 18, 2012

Groom reinstated with conditional licence subject to a new two-year Post Violation Agreement.

The appellant, a groom, was suspended indefinitely following a violation of his conditional licence.

After providing a negative sample, he applied for reinstatement.

Jeff Barkley, 2012 CanLII 92251

Jennifer Friedman

Gerry White

11 cases2004–2013

Rod Seiling

Dan Nixon

ORCUnanimous0 cases2003–2013

Brenda Walker

ORCOntario Racing CommissionApr 26, 2012

Appeal of suspension and fine for positive drug test in racehorse denied due to lack of tampering evidence.

The appellant, a standardbred licensee, appealed a one-year suspension, $5,000 fine, and two-year probation imposed after a horse he trained tested positive for a Class II drug.

The appellant argued the positive test was the result of tampering by another trainer.

The Ontario Racing Commission denied the appeal, finding no credible evidence of tampering and noting the appellant's failure to take precautions to protect the horse.

The original penalty was confirmed.

Sebastien Giroux v. Ontario Racing Commission, 2012 CanLII 92341

Rod Seiling