S. Grace Kerr

The Ontario Harness Horse Association (OHHA) appealed a decision by the Director of the Ontario Racing Commission allocating Standardbred Revenue Allocation (SRA) marketing funds to both OHHA and the Central Ontario Standardbred Association (COSA).

The funds, totaling over $2.1 million, were held in trust by the Woodbine Entertainment Group after its contract with OHHA expired and it entered a new contract with COSA.

The majority of the panel denied the appeal, finding it had jurisdiction to hear the matter de novo and to interpret the underlying Memorandum of Understanding and Business Plan in the best interests of racing.

The panel concluded that COSA qualifies as a provincially recognized horsepersons' association and ordered the funds to be distributed proportionally between OHHA and COSA based on wagering levels and racetrack affiliations, subject to conditions on their use for marketing.

A dissenting member would have allocated all funds to OHHA.

The Ontario Harness Horse Association and Central Ontario Standardbred Association appealed an order of the executive director.

The Ontario Racing Commission panel issued procedural directions for an upcoming hearing, including notifying other industry parties to determine their participation.

The panel also scheduled a motion to quash a subpoena and ordered that the executive director's January 7, 2016 order be stayed until the conclusion of the hearing relating to the SRA funds.

The appellant, a licensed thoroughbred horse trainer, appealed a Stewards' decision imposing a 60-day suspension and a $1,500 fine after his horse tested positive for excessive TCO2 levels.

The appellant argued that his Charter rights were breached and that he was denied procedural fairness because of a delay in releasing the residue blood sample for independent ion concentration testing, which he claimed could have exonerated him.

The Ontario Racing Commission dismissed the appeal, finding that the economic sanctions did not engage Section 7 of the Charter.

The Commission also held that the delay in releasing the sample was not inordinate or oppressive, and the appellant was not significantly prejudiced, as the sample ultimately lacked sufficient plasma for the requested test.

The Stewards' penalty was affirmed.

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

The Ontario Racing Commission previously denied the appeal and confirmed the refusal.

In this decision regarding penalty, the Commission ordered that pursuant to the Racing Commission Act, the appellant may not apply for a licence for two years from the date of the refusal.