The applicants sought judicial review of an Ontario Racing Commission (ORC) decision suspending them for one year and imposing fines for 'tubing' horses prior to races.
The applicants argued they were denied natural justice because the ORC relied on general rules rather than a specific prohibition against tubing, and that the panel erred in excluding photographic evidence.
The Divisional Court applied the reasonableness standard, finding ample evidence that tubing was a known prohibited practice in the industry.
Although the panel erred in excluding the photographs, it did not cause a meaningful injustice.
The application was dismissed and the penalties upheld.
