The applicants sought judicial review of a decision by the Ontario Racing Commission disqualifying a horse for a positive drug test and suspending and fining its trainer.
The trainer argued the positive test resulted from contamination or an unknown metabolic process of a permitted drug, and that the Commission applied an absolute liability standard.
The Divisional Court dismissed the application, finding the Commission's rejection of the contamination theory was not patently unreasonable and that the trainer breached the standard of care by failing to keep adequate medical records.
The court also rejected the argument that the tribunal Chair's questioning of the trainer was unfair.
