The appellant, a horse trainer, appealed a penalty imposed after a horse she trained tested positive for a prohibited drug (Levamisole).
The appellant argued she acquired the horse shortly before the race and the drug may have been administered by the previous owner.
The Ontario Racing Commission held that the absolute liability trainer responsibility rule applies regardless of when the drug was administered.
The Commission found the appellant failed to establish due diligence because she did not make reasonable inquiries about the horse's history or medical treatment upon acquiring it.
However, considering mitigating factors, the Commission varied the penalty to a $1,500 fine, a one-year suspension (with 11 months stayed), and two years of probation.