Eric Anthony Clear Williams

The appellant, a standardbred driver/trainer, appealed a ruling that suspended him for 8 days and fined him $2,500 for misleading Commission legal counsel and failing to attend a hearing pursuant to a summons.

The appellant admitted to the transgressions but cited personal difficulties and a medical procedure as mitigating factors.

The Ontario Racing Commission denied the appeal but varied the penalty, reducing the suspension to 3 days and the total fine to $1,250, applying the principles of sentencing from the Criminal Code.

The appellant, a standardbred driver, trainer, and owner, appealed a suspension and fine imposed after a positive drug test that violated his probation order and post-violation agreement.

The Ontario Racing Commission ordered a six-month suspension, a $2,000 fine, and mandatory enrollment in a substance abuse program.

The appellant must meet strict conditions, including a negative return-to-duty test and ongoing random testing, before being eligible for relicensing.

The licensee appealed a ruling of the track Judges imposing a $500 fine and a 3-day driving suspension for using his whip in a blatant and exaggerated manner.

The licensee failed to attend the de novo hearing before the Ontario Racing Commission.

The Commission denied the appeal, upholding the original penalty, and assessed an additional $1,500 fine against the licensee for bringing a frivolous appeal and abusing the process.

The appellant, a licensed Standardbred driver/trainer/owner, appealed a $500 penalty imposed by track judges for failing to notify of the death of her racehorse.

The parties reached a resolution agreement restricting the appeal to penalty only.

The Ontario Racing Commission accepted the joint submission, upholding the $500 fine but staying $300 of it for a period of one year due to mitigating factors including the tragic circumstances of the horse's death and the appellant's financial situation.

The appellant, a licensed driver/trainer/owner, requested a hearing after a horse he trained tested positive for Darbepoetin-Alpha (Aranesp) during out-of-competition testing.

The Executive Director of the Ontario Racing Commission had proposed a 12-year suspension and a $40,000 fine.

At the hearing, the parties presented a joint resolution agreement.

The Commission accepted the agreement, imposing a 12-year suspension and a reduced fine of $25,000, noting the appellant's lower level of industry involvement compared to previous cases.

The appellants appealed an order striking portions of their statement of claim against the respondents, which included claims related to religious indoctrination at a private school.

The Court of Appeal upheld the motion judge's finding that there is no tort of religious indoctrination and that certain claims were non-justiciable.

However, the Court granted the appellants leave to amend their pleadings to clarify a theory of breach of fiduciary duty based on the respondents' alleged failure to educate the students in accordance with Anglican faith and values.

The Court also restored several paragraphs that had been struck for being redundant, irrelevant, or argumentative.

The appeal was allowed in part.

The applicant, a thoroughbred licensee, applied for a reinstatement hearing after his licence expired following a suspension for a positive drug test.

The Ontario Racing Commission granted the applicant a tradesperson's licence subject to conditions, including the repayment of $765 outstanding to the Commission, entering into a 12-month post-violation agreement, and submitting to random testing.

The applicant was also permitted to apply for reinstatement as a groom, assistant trainer, or trainer within six months, provided he secures an employer.

The appellant appealed a track stewards' ruling declaring his quarter horse ineligible to race for 14 days after it was observed bleeding following a race and placed on the Bleeder List.

The Ontario Racing Commission denied the appeal, finding that the 14-day healing period was an established protocol set by veterinary professionals and that the calculation of the ineligibility period correctly excluded the day of the incident.

The licensee, a Standardbred Driver/Trainer/Owner, appealed a suspension following a positive drug test.

The Ontario Racing Commission imposed a 6-month suspension but stayed it immediately on several conditions, including enrollment in a substance abuse program, entering a post-violation agreement for 18 months, and undergoing marriage counseling.

The licensee appealed the penalty imposed by the track stewards for possessing hypodermic syringes, needles, and injectables contrary to the Rules of Thoroughbred Racing.

The stewards had originally imposed a two-year suspension and a $2,500 fine.

The Ontario Racing Commission panel accepted an agreed statement of facts concluding the licensee was not practicing veterinary medicine without a license.

Consequently, the panel reduced the penalty to a 60-day suspension and a $1,000 fine, distinguishing the case from a similar precedent based on the quantity and nature of the medications possessed.

The appellant, a licensed Quarter Horse Exercise Person/Trainer/Owner, appealed a decision finding him in violation of Rule 15.11.01 for allegedly threatening another licensee.

Following a fresh investigation, the Administration conceded there was no reasonable prospect of conviction and raised concerns regarding procedural fairness in the initial proceedings.

The Ontario Racing Commission allowed the appeal and set aside the previous ruling.

The appellant, a licensed jockey, appealed a 5-day suspension imposed by the Stewards for whipping his mount on the head and raising the whip above his shoulder during a race.

The appellant conceded the violations but argued the penalty was excessive compared to previous rulings.

The Ontario Racing Commission dismissed the appeal, finding the conduct to be inherently wrong and a flagrant abuse of the horse.

The Commission emphasized its mandate to protect animal welfare and confirmed the 5-day suspension, noting it was arguably too lenient but could not be increased without notice.

The appellant, a licensed Quarter Horse owner and trainer, appealed a Stewards' ruling finding him in possession of a hypodermic syringe, needles, and injectable substances on the grounds of Ajax Downs Racetrack, contrary to the Rules of Quarter Horse Racing.

The appellant argued he was not in the restricted area of the track and was unaware of the exact boundaries.

The Ontario Racing Commission dismissed the appeal, finding that the appellant's vehicle was on the grounds of the racetrack when searched and that he did not have permission to possess the prohibited items.

The 30-day suspension and $500 fine were confirmed.

The appellants appealed an order dismissing their action.

The Court of Appeal agreed with the motion judge that the action was a collateral attack on a previous order and therefore an abuse of process.

The court also found that the aspect of the claim challenging the propriety of a property sale would require re-litigating previous factual findings, and applied the principles of issue estoppel.

The appeal was dismissed with costs awarded to the respondents.

The appellant, a licensed exercise person, appealed a 49-day suspension and $150 fine for a third offence of smoking in a non-designated area at Fort Erie Racetrack.

The appellant failed to attend the de novo hearing before the Ontario Racing Commission despite being properly served and failing to submit a written request for an adjournment.

The Commission proceeded in his absence, dismissed the appeal, increased the suspension to 60 days due to his wanton disregard for safety rules, and imposed an additional $1,500 fine for a frivolous appeal.

The licensee appealed a Notice of Proposed Order to revoke his tradesperson licence for failing to disclose his criminal record and driving history on his licence applications.

The Ontario Racing Commission found that the licensee violated Rule 15.23 of the Rules of Thoroughbred Racing by making false or misleading statements.

However, the Commission determined that revocation was too harsh a penalty given the licensee's established business and lack of threat to the sport's integrity.

The appeal against revocation was granted, but the licensee was fined $7,500.

The appellant, a thoroughbred licensee, failed to report for a required alcohol test at the Fort Erie Racetrack.

His license was suspended and he was referred to the Commission.

After serving a 36-day suspension and providing a negative test result, the Commission reinstated his license subject to a 12-month probation period requiring unannounced breath testing.

The licensee, a standardbred trainer, appealed the penalty imposed by the track judges after his horse tested positive for an excess level of carbon dioxide (TCO2).

The judges had fined him $1,500 and suspended him for 60 days.

The licensee accepted responsibility but argued the penalty was too harsh and requested an increased fine with a reduced suspension.

The Ontario Racing Commission denied the appeal, finding the penalty was at the lower end of the range for a first-time offence and appropriate to serve as a deterrent.

The appellants, owners of the standardbred horse 'Vysoke Tatry', appealed a decision by the Ontario Racing Commission Judges to scratch the horse from the Breeders Crown Final Open Mare Pace.

The horse was scratched after its trainer received an immediate suspension due to a positive test for EPO on another horse in his stable.

The appellants argued they were denied due process and that the horse should have been allowed to transfer to another trainer to race.

The Commission dismissed the appeal, finding that the Judges acted appropriately and in accordance with the rules of racing to protect the public interest, and that the appellants' rights were not violated.

The licensee, a standardbred driver, appealed a Notice of Proposed Order and an Order of Immediate Suspension issued by the Executive Director.

At the hearing, the licensee requested an adjournment, which was granted on consent.

The hearing was rescheduled for November 2009.