Eric Anthony Clear Williams

The appellant, a standardbred licensee, appealed a Notice of Proposed Order issued by the Director of the Ontario Racing Commission suspending his licence for 5 years and imposing a $10,000 fine.

The suspension was based on the appellant making false statements on licence applications regarding pending charges and past suspensions, as well as attempting to race a horse that was unfit and on the long-term veterinarian's list.

The Commission confirmed the Director's decision to suspend the appellant for 5 years, finding his actions demonstrated willful blindness and a lack of integrity, but reduced the fine to $5,000 on compassionate grounds.

The appellants appealed the dismissal of their solicitor negligence action against the respondent lawyers arising from a failed life lease project.

The appellants argued the lawyers failed to advise them of legal uncertainties regarding life leases and were in a conflict of interest.

The Court of Appeal dismissed the appeal, upholding the trial judge's factual finding that any failure to advise did not cause the appellants' losses, as they would have proceeded with the project regardless.

The court also upheld the trial judge's damages calculation, which deducted the increased value of the excavated property from the project costs.

The appellant appealed a judgment, arguing that correspondence between the parties constituted a binding settlement agreement.

The Court of Appeal dismissed the appeal, finding that even if the initial letter was a valid offer, the subsequent correspondence indicated an intention to negotiate rather than an acceptance.

The court concluded there was no meeting of the minds sufficient to form a binding contract, as evidenced by a draft agreement containing only a one-way release.

Hanover Raceway appealed a decision denying its request to conduct Signature level standardbred race programs.

Prior to the hearing, Hanover withdrew its appeal.

The Ontario Racing Commission accepted the withdrawal on consent and ordered Hanover to pay $500 in costs to the Commission pursuant to its Rules of Procedure regarding appeal withdrawals, reducing the standard amount due to mitigating factors.

The respondents were completely successful on an appeal, an application for judicial review, and an application to set aside an arbitrator's decision.

They sought partial indemnity costs of $22,651 plus disbursements and HST.

The applicants argued the amount was disproportionate and opposed joint and several liability.

The court fixed costs at $20,000 plus $1,000 in disbursements plus HST, payable jointly and severally by the applicants, noting the complexity of the proceedings and the arbitrator's finding that the applicants had committed the tort of deceit together.

The appellants, a standardbred owner and a driver/trainer/owner, appealed a $200 fine for failing to have a written contract for a horse and the decision of the ORC Executive Director not to take further action against a track official who scratched their horse from a race.

The Ontario Racing Commission dismissed the appeal, finding that the trainer admitted to not having a written contract in violation of the rules, and that the appellants failed to exercise their rights of appeal in a timely manner regarding the scratched horse.

The applicants sought to appeal and judicially review an arbitrator's decision finding them personally liable for the tort of deceit in a real estate venture.

They argued the arbitrator lacked jurisdiction over them personally as they had not signed the arbitration agreement in their personal capacities.

The Divisional Court dismissed the applications, finding the applicants had agreed to arbitration by their conduct, including obtaining a prior court order referring the claims to arbitration, and had waived any jurisdictional objections by participating without complaint.

The court also held that judicial review is unavailable for private commercial arbitrations and that the arbitration agreement's 'final and binding' clause precluded any appeal.

The licensee, a standardbred driver/trainer/owner, applied for reinstatement of his license after his eighth positive test for cocaine and subsequent violations of his probation and post-violation agreements.

The Ontario Racing Commission granted the application for reinstatement subject to strict conditions, including a two-year probation period, random drug testing, mandatory participation in a rehabilitation program, and an automatic five-year suspension for any future positive tests.

The appellants, the driver and trainer/owner of the standardbred horse Newport Volo, appealed a track judges' ruling that placed the horse from second to third for failing to continuously lose ground when off stride during a race.

The Ontario Racing Commission dismissed the appeal, finding that the horse broke from a trot to a pace near the finish line and did not lose ground as strictly required by Rule 22.27(c) of the Rules of Standardbred Racing.

The remnant of the second-place purse monies was ordered distributed to the owner of the third-place horse.

The licensee, a standardbred owner/trainer/driver, appealed a Notice of Proposed Order to suspend his licence for purchasing unlabelled and unprescribed therapeutic substances from unauthorized distributors.

Following a review of the evidence and a joint submission on penalty, the Ontario Racing Commission rescinded the proposed suspension.

The panel ordered a $1,000 fine and a one-year probation period, during which any further violation would trigger an immediate suspension.

The applicant, an apprentice jockey, was suspended after multiple positive tests for marijuana and a subsequent refusal to take a return-to-duty test.

After producing a negative test nearly two years later, he applied for a reinstatement hearing.

The Ontario Racing Commission granted the application, allowing him to apply for re-licensing subject to entering a post-violation agreement and enrolling in an approved substance abuse program for 12 months.

The appellant, a thoroughbred owner and trainer, appealed a decision of the Track Stewards disqualifying his horse from first to ninth place after the jockey used an unapproved riding crop.

The appellant argued that the penalty was disproportionate and that the Stewards were estopped from disqualifying the horse because track officials had allegedly told the jockey to ride with the unapproved crop.

The Ontario Racing Commission denied the appeal, finding that the rule mandates automatic disqualification for using an unapproved crop and that track officials, who are not Commission officials, lack the authority to override the rules.

The licensee, a standardbred driver/trainer/owner, appealed a suspension imposed after a follow-up urine sample tested positive for cocaine, violating a prior post-violation agreement.

The licensee admitted to the violation and acknowledged a substance abuse problem.

The Ontario Racing Commission ordered that the suspension continue until the licensee completes an approved substance abuse program.

Upon completion, the licensee may apply for reinstatement subject to conditions, including a 12-month after-care program, 12 months of probation, and a new post-violation agreement.

The licensee, a standardbred owner/driver, appealed a suspension imposed after a follow-up saliva sample tested positive for Oxycodone, violating a post-violation agreement.

Following the licensee's successful completion of a 45-day inpatient drug rehabilitation program, the Ontario Racing Commission held a reinstatement hearing.

The Commission ordered that the licensee is eligible for reinstatement of his licenses, subject to conditions including enrollment in an approved after-care program, entering into a new 12-month post-violation agreement, and a 24-month probationary period.

The licensee, a standardbred driver and trainer, tested positive for cocaine in a follow-up urine sample, violating a previous post-violation agreement.

He applied for a hearing for reinstatement after serving a 29-day suspension.

The Ontario Racing Commission found that the licensee violated the rules of racing and his agreement.

Recognizing his substance abuse problem and ongoing treatment, the Commission ordered his licenses reinstated subject to a 15-month post-violation agreement, mandatory substance abuse treatment, random testing, and a $500 fine that was stayed pending successful completion of the agreement.

The appellant, a licensed standardbred owner/trainer/driver, appealed a ruling by the standardbred Judges refusing his request to transfer two horses to his own care.

The horses were previously trained by his son, who had been suspended for a TCO2 violation.

The Judges refused the transfer because the appellant and his son were immediate family members and the horses would remain at the same farm, meaning it was not an arm's length transfer.

The Ontario Racing Commission dismissed the appeal and upheld the refusal of the trainer transfer.

The licensee, a standardbred trainer/owner, appealed the penalties imposed by the standardbred Judges after his horse tested positive for Reserpine, a Class II tranquilizer.

The Judges had imposed a $5,000 fine and a one-year suspension.

On appeal, the Commission considered mitigating factors, including the licensee's time in the business and the fact that he eventually disclosed the source of the drug.

The Commission reduced the suspension to six months and the fine to $2,500, while imposing probationary terms on his license.

The appellant, a standardbred licensee, was found in possession of prohibited substances, including Aranesp, intended for use on racehorses.

He appealed an Order of Immediate Suspension.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on penalty.

The Ontario Racing Commission accepted the joint submission, imposing a 10-year suspension and a $30,000 fine, noting the penalty was reasonable and served the public interest by deterring the use of performance-enhancing drugs in horse racing.

The licensee appealed a 180-day suspension and $1,500 fine imposed by the Track Judges for a TCO2 rule violation involving his standardbred racehorse.

The licensee admitted the violation and appealed only the penalty.

The Ontario Racing Commission confirmed the penalty but, based on mitigating circumstances including a guilty plea and a technician's error, varied the suspension by staying the final 60 days for two years, conditional on no further violations.

The appellant, a licensed jockey, appealed a penalty of a 25-day suspension and a $2,500 fine imposed by the Stewards for gross and unsportsmanlike conduct following a race where he was unseated.

The appellant directed vulgar and degrading comments at another jockey in public and in the jockeys' quarters.

The Ontario Racing Commission varied the penalty, upholding the 25-day suspension but staying 18 days on conditions, and increasing the fine to $4,000, noting the appellant's remorse and apology as mitigating factors.