Dr. Thomas Tobin

Two horse trainers appealed suspensions and fines imposed after their horses tested positive for trace amounts of methamphetamine.

The Ontario Racing Commission heard expert evidence that the extremely low levels of the drug were the result of environmental contamination, not administration, and would not enhance performance.

The Commission waived the absolute liability rule for positive tests, finding that penalizing the trainers for unavoidable environmental contamination would be unjust and contrary to the public interest.

The appeals were allowed and the penalties set aside.

The appellant, a horse trainer, appealed a ruling by the Ontario Racing Commission Stewards suspending him for 6 months and fining him $5,000 after his horse tested positive for Acepromazine following a race.

The appellant argued a due diligence defence and relied on a split sample retest showing low concentration levels.

The Panel denied the appeal, finding that the appellant failed to follow the CPMA guidelines regarding dosage and frequency, ignored warnings about the drug lingering in the horse's system, and used unlicensed compounded medications.

The Panel upheld the penalty as the minimum under the guidelines for a second offence.