The applicant, a licensed driver, was penalized by track judges for failing to provide a proper urine sample during random drug testing.
He appealed to the Ontario Racing Commission, which held a de novo hearing and upheld the penalty.
During the hearing, the Commission permitted the senior track judge who made the initial decision to testify.
On judicial review, the Divisional Court held that allowing the first-instance judge to testify created a reasonable apprehension of bias.
The application was allowed and the Commission's decision was quashed.
