Dr. Garth Henry

The appellant, a standardbred licensee and trainer, appealed the penalty imposed for a positive test of the Class II drug Lidocaine in his horse.

The Judges had imposed a two-year suspension (with 180 days stayed) and a $5,000 fine.

The appellant argued he relied on veterinary advice after accidentally exposing the horse to a topical spray containing Lidocaine.

The Ontario Racing Commission varied the penalty, extending the stay of the suspension to one year, noting the appellant's reliance on his veterinarian's advice as a mitigating factor, but upheld the $5,000 fine and imposed a two-year probation due to his poor licensing history and inadequate stable practices.