Gerry White

The appellant appealed a summary conviction for care or control of a motor vehicle while impaired by a drug under the Criminal Code.

The trial judge had acquitted the accused of impaired driving but convicted him of the included offence of care or control.

On appeal, the court held that the trial judge failed to properly apply the legal test requiring proof of conduct creating a realistic risk of danger associated with the vehicle.

The evidence showed the accused had collapsed inside a convenience store, had surrendered his keys to police, and had requested an ambulance.

As there was no evidence of conduct creating a risk of danger that the vehicle would be set in motion, the conviction lacked an evidentiary foundation and involved an error in law.

The appellant, a standardbred licensee, appealed a one-year suspension, $5,000 fine, and two-year probation imposed after a horse he trained tested positive for a Class II drug.

The appellant argued the positive test was the result of tampering by another trainer.

The Ontario Racing Commission denied the appeal, finding no credible evidence of tampering and noting the appellant's failure to take precautions to protect the horse.

The original penalty was confirmed.

The appellant, a standardbred licensee, appealed a ruling suspending him for two years followed by two years of probation for committing an act of cruelty to a horse.

The horse was found lame with a horseshoe nail driven deep into its hoof, ultimately requiring euthanasia.

The Ontario Racing Commission panel reviewed circumstantial evidence, including the appellant's motive, opportunity, and expertise as a blacksmith, as well as his prior harassment of the horse's owner.

Applying the balance of probabilities standard, the panel concluded the appellant was responsible for the injury and denied the appeal.

The licensee appealed a condition of a stay of his suspension for cruelty to a horse, which prohibited him from attending the grounds of Rideau Carleton Raceway without permission of the Judges.

The Ontario Racing Commission dismissed the appeal, finding that the condition was reasonable and that the licensee had not demonstrated that he had been unreasonably refused permission to attend the grounds for specific purposes.

The appellants, a licensed owner and a licensed trainer, appealed Notices of Proposed Orders to suspend their licenses for three years following the death of their horse after a race.

Toxicology testing revealed the presence of Reserpine, a prohibited tranquilizer.

The Ontario Racing Commission found that the drug was administered after the horse was claimed, but could not identify who administered it.

Applying the Trainer Responsibility Rule, the Commission held the trainer of record responsible as the de facto trainer, but allowed the owner's appeal due to a lack of evidence of his complicity.

The trainer's penalty was varied to a one-year suspension and a $5,000 fine, considering his long history in the industry and candour.

Sean Sullivan, a licensed standardbred trainer, appealed two rulings regarding positive TCO2 tests for his horses Rosester and K Dog.

For the first positive test, Sullivan argued the results were invalid because the blood sample was not tested within the 48-hour timeframe prescribed by the rules.

The Panel dismissed this argument, finding the delay did not prejudice Sullivan and the scientific evidence confirmed the accuracy of the results up to 96 hours.

For the second positive test, Sullivan sought a reduced penalty.

The Panel upheld the original penalties, noting the second offence occurred while Sullivan was on probation for the first, and imposed a total fine of $6,500 and a 330-day suspension.

The appellant, a standardbred owner and trainer, appealed a 30-day suspension and $500 fine imposed for failing to comply with the conditions of a trainer transfer.

The appellant had signed a transfer form for a horse, which required him to provide unimpeded access to Ontario Racing Commission investigators.

When an investigator attempted to conduct a spot check at the appellant's farm in Quebec, the appellant refused access, claiming the investigator had no jurisdiction.

The Commission dismissed the appeal, finding that the appellant's conduct amounted to a refusal of access and that the investigator was acting reasonably to protect the public interest.

The licensees, a standardbred owner and a trainer, requested a hearing regarding the Director's immediate suspension and proposed revocation of their licenses.

The Administration alleged the licensees purchased controlled substances and unlabelled medications from an unlicensed distributor, jeopardizing the health of racehorses and the integrity of the racing industry.

The Ontario Racing Commission found the allegations proven, concluding the licensees failed to act with integrity and in the public interest.

The Commission affirmed the Director's order, suspending and revoking the licenses for a period of five years.

The appellants appealed Judges' Rulings finding them in violation of various Rules of Standardbred Racing related to hidden trainers and misleading investigators.

The Ontario Racing Commission granted the appeals regarding the hidden trainer allegations, finding that the named trainer did perform sufficient duties to be considered the trainer of record.

However, the Commission upheld the findings that the appellants misled investigators and submitted false licence applications.

Fines were imposed and licences suspended until payment.

The appellant, a standardbred trainer, appealed rulings suspending his license for six months and imposing fines for failing to comply with death registry reporting requirements and failing to have a written contract with owners.

The Commission found the appellant failed to report the death of a racehorse and transport it for a post-mortem.

The appeal was allowed in part; the six-month suspension and the $2,000 fine for the contract violation were upheld, but the $5,000 fine for the death registry violations was reduced to $2,500 due to the appellant's recent licensing and modest earnings.

The appellant, a standardbred driver/owner/trainer, appealed decisions of the Executive Director and Director of Racing finding him liable for rule violations, suspending his licence for six months, and fining him $7,000.

The Ontario Racing Commission dismissed the appeal on liability but allowed the appeal on penalty, reducing the licence suspension to two months while maintaining the $7,000 fine.