Thomas Tobin

The appellant, a thoroughbred racehorse trainer, appealed a positive test result and penalties imposed by the Stewards after his horse tested positive for Levamisole and Pemoline.

The appellant had administered a compounded medication containing Levamisole on the advice of his veterinarian for a legitimate therapeutic purpose, adhering to the recommended withdrawal time.

The Ontario Racing Commission panel found that while the positive test was proven as an absolute liability offence and a waiver of the breach was not appropriate, the appellant had established due diligence.

Considering the mitigating factors, including the appellant's excellent reputation and lack of intent to gain an unfair advantage, the panel allowed the appeal in part, reducing the penalty to a $1,000 fine and setting aside the suspension.