Dr. Steve Andrew Barker

The appellant, a standardbred racehorse trainer, appealed a penalty imposed after his horse tested positive for a prohibited drug.

The positive test resulted from environmental contamination caused by the horse's groom, who took prescribed medication and frequently urinated in the horse's stall.

The Ontario Racing Commission found that the appellant established a defence of due diligence, as he took reasonable care and could not have reasonably foreseen the contamination.

The appeal was allowed in part; the $2,000 fine and two-year probation were maintained, but the six-month suspension was deleted.