Don Bourgeois

The appellants, a thoroughbred trainer and an owner, appealed suspensions and fines imposed by the Stewards for their alleged involvement in the hidden ownership of a racehorse.

The Ontario Racing Commission dismissed the owner's appeal, finding clear evidence of his involvement in an unregistered partnership and hidden ownership.

However, the Commission granted the trainer's appeal, concluding there was insufficient evidence to prove he knew of the hidden ownership arrangement.

The Ontario Racing Commission heard applications from Quinte Exhibition and Raceway, Kawartha Downs Raceway, and Sudbury Raceway for their 2003 live and intertrack race dates.

The Commission approved the requested dates for Quinte Exhibition.

For Kawartha Downs, the Commission approved the dates and a proposal to reconstruct the track into a dual-purpose facility for horse and car racing, subject to strict pre-conditions regarding facility improvements and track maintenance.

For Sudbury Raceway, the Commission approved a reduced 66-day schedule but required a revised calendar to extend the racing season over eight months rather than concentrating days in the summer, balancing the track's financial concerns with the horsemen's need for an extended season.

The appellant, a standardbred owner and veterinarian, appealed a Judges' Ruling fining him $1,000 for being partially responsible for a positive test result for the Class 4 drug Dipyrone on a racehorse.

The Ontario Racing Commission dismissed the appeal and upheld the $1,000 fine.

The Commission also imposed an additional $1,000 penalty under subsection 11(8) of the Racing Commission Act, 2000, finding that the request for the hearing was frivolous.

The appellant, a standardbred driver/trainer, appealed a ruling that placed his horse 4th from 3rd in a race.

The Ontario Racing Commission panel heard evidence and dismissed the appeal by a majority, providing oral reasons for both the majority and minority decisions.

The appellant, a standardbred owner/driver/trainer, appealed a ruling that fined him $5,000 and suspended him for one year following a positive test result for Furosemide on a horse.

The Ontario Racing Commission dismissed the appeal and upheld the penalty, with the suspension to run from December 9, 2002, to December 8, 2003.

Standardbred owner and trainer Peter Poulos appealed a one-year suspension and $5,000 fine imposed after his horse tested positive for caffeine and related substances.

The Ontario Racing Commission dismissed the appeal but varied the penalty, imposing a one-year suspension of his trainer's licence and upholding the $5,000 fine.

Following a decision of the Ontario Court of Appeal, the Ontario Racing Commission convened a hearing to consider applications by ten horsemen seeking orders to permit them to enter horses and access Sudbury Downs Raceway.

The applicants had previously been excluded by Sudbury Downs under the Trespass to Property Act following their participation in boycotts organized by the Ontario Harness Horse Association.

The Commission found that while some applicants had engaged in disruptive conduct in the past, the public interest favoured allowing them to return to racing.

The Commission ordered that two applicants be granted full access, while the remaining eight be granted access subject to specific time limitations and conditions regarding future conduct.

The respondent appeared before the Ontario Racing Commission regarding the suspension of his licence under the Rules of Standardbred Racing.

The Commission ordered the continuation of the suspension until the respondent provides proof of successful completion of a treatment program.

Upon reinstatement, the licence will be subject to conditions including mandatory drug testing and abstinence from controlled substances.

The Ontario Racing Commission held a hearing to consider applications from various racetracks for 2003 live and intertrack race dates.

The Commission approved the requested dates for most tracks, including Woodbine, Mohawk, and Flamboro Downs.

Rideau Carleton's request for fewer live dates was approved based on a comprehensive business plan.

However, Sudbury Downs' application for a reduced number of live dates was refused, as the Commission found insufficient efforts to market the live product and an unacceptable reliance on slot revenue.

The Deputy Director of Racing issued a Notice of Proposed Order to Revoke the owner, trainer, and driver's licenses of the respondent on the grounds that he was involved in fixing a horse race in British Columbia.

The respondent requested a hearing before the Ontario Racing Commission.

The Commission determined that it had the jurisdiction to substitute its opinion for that of the Director, but that denial of a license should be based on clear and cogent evidence.

The majority of the Commission found the testimony of a co-conspirator credible despite inconsistencies, and confirmed the proposed order to revoke the licenses.

One commissioner dissented, finding the evidence lacked the necessary clarity and cogency.

The Ontario Racing Commission held a rehearing on penalty for a Standardbred trainer whose horse tested positive for a Class III drug.

The original penalty of a two-year suspension and $25,000 fine was quashed on judicial review, with directions to treat the violation as a first offence under the New Guidelines while retaining discretion to consider the trainer's prior record.

Considering the trainer's history of drug offences and the circumstances of the positive test, the Commission imposed a 10-month full suspension and a $50,000 fine, crediting time already served.

The Administration of the Ontario Racing Commission appealed a decision of the Ontario Racing Industry Board of Appeal, which had ordered the Administration to compensate a licensee $150 for his attendance at a hearing.

The Ontario Racing Commission allowed the appeal and overturned the compensation order, giving oral reasons.

A thoroughbred trainer appealed a Stewards' Ruling that suspended him for nine months and fined him $5,000 after his horse tested positive for prohibited substances.

The Ontario Racing Commission granted the appeal but declared the horse unplaced for all purposes except pari-mutuel wagering.

The Commission also ordered the trainer to pay a $1,000 penalty for raising frivolous issues regarding the Official Chemist's Certificate of Positive Analysis.

The applicant, a standardbred licensee, requested a hearing before the Ontario Racing Commission for the reinstatement of his licence.

The Commission ordered that his trainer licence remain suspended for a further three months, while his owner licence was reinstated subject to a prohibition on training his own horses during the suspension period.

Both licences were placed on probation for nine months, and the applicant was ordered to submit to mandatory drug testing.

Standardbred trainer appealed a Judges' Ruling that suspended her for 15 days and fined her $1,000 for a positive test for the Class 4 drug Naproxen in a horse she trained.

The Ontario Racing Commission dismissed the appeal regarding the suspension but reduced the fine to $500.

The standardbred licensee appealed the suspension of his licence after testing positive for THC carboxylic acid.

The Ontario Racing Commission reinstated his licence subject to strict conditions, including mandatory enrollment in a drug rehabilitation program, regular progress reports, mandatory drug testing at race tracks, and a written undertaking to abstain from non-prescription drugs.

Failure to comply with any condition will result in immediate suspension.

The appellant, a thoroughbred owner and trainer, appealed a Stewards' Ruling that suspended his licence for one year for causing the falsification of the transfer of ownership on a foal certificate.

The Ontario Racing Commission heard the appeal and dismissed it, upholding the one-year suspension and allowing the horse to be removed from the Stewards' List at their discretion.

The appellant, a standardbred owner/trainer, appealed a Judges' Ruling that suspended her for 15 days and fined her $1,000 for a positive test for furosemide in a horse she trained.

At the hearing, the parties presented a joint submission on penalty.

The Ontario Racing Commission accepted the joint submission and varied the penalty to a 10-day full suspension and a $500 fine.

Standardbred owner and trainer Lisa Vanderwal appeared before the Ontario Racing Commission seeking reinstatement of her licence after being suspended, fined, and placed on probation due to a positive test from a horse she trained.

The Commission ordered the reinstatement of her licence subject to several strict conditions, including mandatory paddock attendance, a restriction on the number of horses in her stable, and mandatory access for Commission enforcement personnel.

The conditions remain in effect until the expiration of her probation period.

Jon Farrington, a standardbred owner/driver/trainer, was suspended for six months and fined $1,000 for possessing a needle and syringe at the Paris Fair.

After his appeal to the Standardbred Canada Appeal Board was dismissed, he requested a hearing before the Ontario Racing Commission to review the penalty.

The Commission dismissed his request but adjusted the suspension dates to account for an earlier stay, resulting in a prohibition from participating in regulated activities from January 22 to July 10, 2002.