James Evans

The applicant, a licensed standardbred trainer, sought judicial review of a decision by the Ontario Racing Commission panel that found him guilty of animal abuse and imposed penalties including a 90-day suspension and a fine.

The panel had conducted a trial de novo following a previous successful judicial review by the applicant.

The Divisional Court dismissed the application, finding that the panel applied the correct standard of proof and that its decision, based on circumstantial evidence, was reasonable.

The applicant, a licensed standardbred trainer, sought judicial review of a decision by a panel of the respondent commission, which upheld findings of guilt and increased penalties related to the treatment of a horse.

The applicant was entitled to a hearing conducted as a trial de novo.

The Divisional Court found that the panel fundamentally erred by treating the hearing as a review of the initial judges' decision and applying a reasonableness standard of review, rather than determining the charges on a balance of probabilities.

The application was granted, the decision set aside, and the matter remitted for a new hearing before a differently constituted panel.