Angela Holland

The appellants appealed the 90-day suspensions of their horses following positive tests for Ractopamine.

The Ontario Racing Commission found that the positive tests resulted from contaminated feed purchased from an arms-length supplier, and the trainers were absolved of any wrongdoing.

Relying on veterinary evidence that the drug had cleared the horses' systems, the panel concluded that extraordinary circumstances existed to grant a stay of the remaining suspension days for the horses.

Five horse trainers and owners appealed the denial of a stay of 90-day suspensions imposed after their horses tested positive for Ractopamine.

The appellants argued that extraordinary circumstances existed because the positive tests were allegedly caused by contaminated feed from a common supplier, and the suspensions would cause financial hardship.

The Ontario Racing Commission denied the appeal, finding no extraordinary circumstances to warrant a stay before the completion of the ongoing investigation and due process.

The appellant, a horse trainer, appealed a ruling by the Ontario Racing Commission Stewards suspending him for 6 months and fining him $5,000 after his horse tested positive for Acepromazine following a race.

The appellant argued a due diligence defence and relied on a split sample retest showing low concentration levels.

The Panel denied the appeal, finding that the appellant failed to follow the CPMA guidelines regarding dosage and frequency, ignored warnings about the drug lingering in the horse's system, and used unlicensed compounded medications.

The Panel upheld the penalty as the minimum under the guidelines for a second offence.

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.

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.

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.

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.

The appellant, a standardbred licensee, appealed a 120-day suspension and $1,500 fine resulting from a positive test for Fenoterol in a horse he trained.

The Ontario Racing Commission dismissed the appeal, finding no new evidence or error in the application of the Rules of Racing.

The Commission also ordered an investigation into alleged statements by a veterinarian regarding the horse's treatment.

The appellant, an owner and trainer, appealed the disqualification of his horse after a race where another rider was unseated following contact.

The Ontario Racing Commission heard the appeal and, based on an agreed statement of facts, ordered that the horse be placed sixth rather than disqualified.

The appellants, standardbred licensees, appealed a ruling that denied a stay of a 90-day suspension for their horse after it tested positive for Lidocaine, a Class II drug.

The appellants argued financial hardship and claimed the positive test resulted accidentally from the use of Polysporin.

The Ontario Racing Commission denied the appeal, holding that financial hardship is not a valid reason for a stay and that the appellants failed to demonstrate the exceptional or mitigating factors required to stay a suspension for a serious drug violation.

The licensee appealed a Director's ruling that suspended his licence, imposed an $8,000 fine, and placed him on probation.

At the hearing, the parties proposed a consent order addressing procedural matters, including disclosure, witness statements, electronic hearings, and the adjournment of remaining motions.

The Panel accepted the proposed consent order, extended the stay of the suspension, and remained seized of the matter.

The appellant, a standardbred licensee and trainer, appealed a ruling that declared his horse ineligible to race.

The horse was properly entered but missed in error by the race office.

Because the field was full and it was an overnight event, the judges declared the horse ineligible pursuant to Rule 17.15(a)(i) of the Rules of Standardbred Racing.

The Ontario Racing Commission denied the appeal, finding the rule was properly applied, but ordered that the appellant receive a $300 hitching fee from the purse account and referred the race office's error back to the judges for appropriate action.

The applicant, a standardbred licensee previously suspended for a third positive human drug test and other issues, applied for reinstatement of his license.

The Ontario Racing Commission granted the application subject to strict conditions, including the payment of outstanding fines and the completion of a Substance Abuse Professional assessment.

The Commission imposed a stepped reinstatement program, allowing the applicant to first apply for a groom's license, followed by an assistant trainer's license after one year, and a full trainer's license after two years, provided he maintains a clean record and receives approval for his employers.

The trainer of the horse Fiddlers Patriot appealed a Stewards' ruling that disallowed a claim of foul against the horse Signature Red in the Highlander Stakes.

The appellant sought to have Signature Red disqualified and placed third, which would move Fiddlers Patriot to first place.

The Ontario Racing Commission panel reviewed video and photographic evidence and heard testimony from jockeys and stewards.

The panel found that any deviation by Signature Red was slight and did not constitute interference, and that the closing of the lane was caused by another horse bearing out.

The appeal was dismissed and the original order of finish was confirmed.

Four members of the Woodbine Racetrack starting gate crew were suspended after refusing to provide breath samples for alcohol testing.

The applicants argued the breathalyzer machine was malfunctioning because it displayed a '999' code, which actually indicated a low battery.

The Ontario Racing Commission upheld the suspensions, finding that as 'safety sensitive personnel', the crew was required to provide samples at any time while engaged in their duties.

The applicants failed to establish a reasonable excuse for their refusal.

Each applicant was fined $100 and ordered to complete a substance abuse assessment.

The appellant, Aaron Waxman, appealed a decision of the Ontario Racing Commission Judges to freeze $12,500 in purse winnings accrued by his horse, Jinglejanglejingle.

The purse was frozen following the suspension of the appellant's brother, who previously co-owned the horse.

The Panel found that a bona fide transfer of ownership to the appellant had occurred prior to the races in question, and the Judges had not required prior approval for this transfer.

The appeal was allowed, and the appellant was entitled to the purse winnings.

The appellants, owners and trainers of standardbred horses, appealed a decision by the Program Administrator to open a rescheduled Ontario Sires Stakes event to all eligible horses.

The original event was cancelled due to extreme heat.

The Ontario Racing Commission allowed the appeal, ruling that because the event was rescheduled rather than cancelled, it should only be open to horses that were entered when the original box closed.

The Commission ordered a redrawing of post positions to allow horses to re-qualify if necessary.

The licensee, an apprentice jockey, was suspended after testing positive for marijuana.

He applied for reinstatement and completed a return-to-duty test.

The Ontario Racing Commission ordered that he could be licensed as an exercise rider for one year, subject to paying all outstanding fines, entering a two-year post-violation agreement, and being subject to random testing.

Any future positive test would result in an automatic one-year suspension.

The licensee, a jockey, sought reinstatement of his thoroughbred racing license after providing a negative urine sample.

At the commencement of the hearing, the Administration advised that there was an outstanding warrant for the licensee's arrest in Miami Dade County.

The Commission ruled that the hearing could not proceed until the outstanding warrant was dealt with, as the warrant prevented him from being licensed.

The hearing was adjourned.

The appellant, a licensed driver, trainer, and owner, appealed penalties imposed by the Judges for conduct violations after he made obscene gestures towards them in full public view.

The Ontario Racing Commission varied the penalties, upholding the $5,000 fine and the forfeiture of $61,140 in purse monies, but immediately reinstating his owner/trainer licenses.

His driver's license remained suspended pending successful completion of an anger management program.