Jennifer Friedman

The applicant, a licensed jockey, applied for reinstatement of his license after being suspended for breaching a Post Violation Agreement (PVA) related to substance abuse.

The Ontario Racing Commission ordered that the applicant pay outstanding invoices, serve a further three-month suspension, and subsequently be eligible for an exercise rider license for two months.

Prior to full reinstatement, the applicant must enter into a new three-year PVA, with a mandatory five-year suspension if he fails a future alcohol or drug test.

The applicant, a licensed driver/trainer/owner, applied for a reinstatement hearing after being immediately suspended by the Executive Director of the Ontario Racing Commission.

The Commission accepted a Joint Submission on Disposition, ordering the applicant to provide documentation of previous therapy, forward future aftercare reports, enter into a new two-year Post-Violation Agreement, and pay all outstanding monies owed to the Commission prior to reinstatement by the Alcohol and Drug Program Administrator.

The appellant, a licensed standardbred owner and trainer, appealed the penalty imposed after his horse tested positive for furosemide (Lasix) following a race.

The appellant argued that the positive test resulted from a faulty perivascular injection by a veterinary technician, which caused a longer elimination time for the drug.

The Panel found that the appellant demonstrated due diligence, albeit with some limitations, and accepted veterinary evidence supporting the perivascular injection theory.

The appeal was denied, but the penalty was varied by upholding the 7-day suspension while waiving the $500 fine.

The appellant, a licensed standardbred trainer, appealed a $5,000 fine and 365-day suspension imposed after a horse he trained tested positive for caffeine post-race.

The appellant argued that he relied on veterinary advice and that the trainer responsibility rule should be treated as a strict liability offence, allowing for a due diligence defence.

The Ontario Racing Commission dismissed the appeal, holding that the trainer responsibility rule is an absolute liability offence necessary to protect the integrity of racing.

Furthermore, the Commission found that even if strict liability applied, the appellant failed to establish due diligence due to gaps in evidence regarding the horse's care and security prior to the race.

The appellant, a standardbred licensee, appealed a decision of the Judges imposing a $1,000 fine and a 60-day suspension for possessing a stolen race bike, in violation of the Rules of Standardbred Racing.

The Ontario Racing Commission denied the appeal, finding the appellant in violation of the rules for conduct injurious to racing.

The Commission determined the original penalty was lenient and increased the fine to $2,000 and the suspension to 120 days, along with a two-year probation period.

Masterfeeds appealed a ruling regarding a positive test for Ractopamine in a horse trained by Robert Earl Barnett.

The Ontario Racing Commission allowed the appeal as it pertained to Masterfeeds, declaring its feed products were not the source of the contamination.

Following a pre-hearing conference, Barnett and the ORC Administration agreed to a joint submission on penalty, resulting in a $5,000 fine ($3,500 stayed) and one year of probation with standard terms.

Four licensed horse trainers appealed rulings by the Stewards that imposed 15-day suspensions, $1,000 fines, and purse redistributions for violations of the Rules of Thoroughbred Racing.

Following a pre-hearing conference, the parties presented a joint submission on disposition.

The Ontario Racing Commission accepted the joint submission, ordering each appellant to pay a reduced fine of $900, while confirming the unplacing of the horses and the purse redistributions.

The licensee appealed a 60-day suspension and $1,500 fine imposed for a positive TC02 test on a horse.

Less than 48 hours before the scheduled hearing, the licensee withdrew the appeal.

The Ontario Racing Commission accepted the withdrawal but ordered the licensee to pay $1,500 in costs pursuant to Policy Directive No. 3-2010, noting the late withdrawal and the need to use Commission resources diligently.

The appellant, a standardbred licensee and trainer, appealed a ruling suspending him for 60 days and fining him $1,500 after his horse tested positive for a high TCO2 level.

The appellant argued that the testing equipment was obsolete, the laboratory and reagents were not federally licensed, and he received inadequate disclosure.

The Ontario Racing Commission dismissed the appeal, finding that the testing program was legally established, the laboratory's equipment and procedures were reliable, and adequate disclosure was provided.

The panel upheld the fine and suspension, correcting an error regarding credited time served.

The Administration of the Ontario Racing Commission appealed a Standardbred Official Ruling issued to Gordon McDonnell.

Prior to the hearing, the Administration requested to withdraw its appeal on the basis of procedural irregularities.

The Panel accepted the request and ordered the appeal withdrawn.

Carolyn Costigan, trainer of the horse Nancy O (IRE), appealed a decision of the Stewards regarding the 6th race at Woodbine Racetrack.

She alleged that another horse, Spring Venture, interfered with her horse at the start of the race, warranting a placing change.

The Ontario Racing Commission panel reviewed the video and heard testimony from the Stewards, jockeys, and trainers.

The panel found that the contact between the horses was incidental and did not warrant a placing change, noting that the appellant's jockey did not check his horse or claim a foul.

The appeal was dismissed.

The appellant appealed the Director's Notice of Proposed Order refusing to issue him a standardbred licence.

The appellant had previously been suspended for 14 months.

During a search of his stable, investigators found thyroxine, a controlled drug, which the appellant had acquired without a veterinary examination or blood test, violating the Rules of Racing.

The Ontario Racing Commission panel denied the appeal, finding that the appellant's conduct placed the integrity of the horse racing industry in question and that he failed to demonstrate he would act in accordance with the law or in the public interest.

His licence remains suspended, with eligibility to re-apply in two years.

Todd Kabel, a licensed jockey, submitted an Application for Reinstatement following a ruling by the Executive Director of the Ontario Racing Commission.

A panel of the ORC convened to hear the application.

Upon considering the exhibits, including a Post Violation Agreement and a joint submission, the panel allowed the conditional reinstatement of Kabel's licence.

The applicant, a standardbred licensee, appealed a ruling suspending his owner's licence and requested a stay of the suspension pending the disposition of outstanding criminal charges.

The Ontario Racing Commission found that the applicant demonstrated serious financial hardship resulting from his inability to own horses.

The panel concluded that the balance of convenience favoured granting a stay and that it was not contrary to the best interests of racing.

A stay of the owner's suspension was granted for six months, after which the matter would be reassessed.

The licensee appealed a 60-day suspension and $1,500 fine imposed for a TCO2 confirmation in a standardbred horse.

The Ontario Racing Commission varied the penalty, staying the remaining 16 days of the suspension due to the licensee's cooperation and the impact on his livelihood as an owner, trainer, and driver.

The fine and a two-year probation period were confirmed.

The appellant appealed a ruling by the Deputy Director granting him a conditional groom's licence.

Prior to the scheduled hearing, the appellant submitted a written request to withdraw his appeal.

The Ontario Racing Commission convened a panel, and with the consent of the Administration, confirmed the withdrawal of the appeal.

The applicant, a thoroughbred jockey, appealed a 2000 ruling that set conditions for the reinstatement of his jockey's licence.

He submitted an application for a thoroughbred jockey licence, claiming he had fulfilled the conditions.

The Ontario Racing Commission panel granted the applicant a jockey's licence restricted to Quarter Horse racing only.

The appellant, a standardbred licensee, appealed a one-year suspension imposed for violating rules against misconduct, cruelty, and misleading investigators.

The allegations involved leaving a horse tied in full harness overnight without food or water, and subsequently subjecting it to an abusive training session as retribution for poor racing performance.

The Ontario Racing Commission dismissed the appeal, finding the evidence of mistreatment overwhelming and rejecting the appellant's denials.

The panel upheld the one-year suspension of all licensing privileges (except as a groom) and imposed a two-year probationary period with conditions.

The appellant appealed a Stewards' Ruling that rendered her ineligible to be licensed as a Thoroughbred Trainer until she obtained approval from the HBPA, after she failed the HBPA Thoroughbred Trainer's Test.

The Administration of the ORC brought a preliminary motion to dismiss the appeal for lack of jurisdiction.

The Panel granted the motion, finding that the ORC does not have jurisdiction to review the test results absent evidence that the test or its standards are unreasonable, and that failing the test does not meet the standard for an appeal.

The appellant appealed the rejection of his application for a Standardbred Groom's licence.

The Ontario Racing Commission dismissed the appeal, finding no new evidence or material change to warrant granting a licence.

The Commission noted the appellant's past criminal history and failure to properly disclose past violations on his application.

However, the Commission waived its policy regarding working with racehorses on a farm and permitted the appellant to reapply in 2014 if he keeps the peace and is of good behaviour.