Joanne Mitchell

Clinton Warrington, Jr. and Jacqueline Warrington appealed Standardbred Rulings suspending them for 90 days and fining them $3000 each for violating Standardbred Rule 11.08.

The Ontario Racing Commission heard the appeals and denied them, ordering the 90-day full suspensions to commence on August 13, 2001.

The appellants, a thoroughbred trainer and a groom, appealed rulings by the Stewards at Fort Erie Racetrack suspending them for the balance of the 2000 season and the entire 2001 season.

The suspensions were based on allegations of participating in a hidden ownership of two horses.

After hearing testimony from multiple witnesses, the Ontario Racing Commission allowed the appeals.

The appellant, a standardbred owner, trainer, and driver, appealed a 30-day suspension and $1,000 fine for possessing needles and injectibles at Sudbury Downs Raceway.

The Ontario Racing Commission dismissed the appeal and upheld the penalty, directing the parties to agree on the commencement date of the suspension.

The Director of the Ontario Racing Commission proposed to revoke the thoroughbred owner's licence of the licensee after his corporation pleaded guilty to fraud.

The licensee requested a hearing.

The Commission found clear and convincing evidence that the licensee knew of and participated in the fraudulent scheme, establishing reasonable grounds to believe he would not act with integrity.

However, considering his excellent reputation in the horse racing industry and the fact that the fraud was isolated to his home building business, the Commission set aside the revocation.

Instead, it ordered the issuance of a probationary licence until 2003, conditional upon the licensee donating $100,000 to the Avelino Gomez Memorial Foundation.

Thoroughbred trainer William Smith appealed a 45-day suspension and $1,000 fine imposed after a horse he trained tested positive for methocarbamol.

The Ontario Racing Commission dismissed the appeal but varied the penalty, reducing the suspension to 20 days while maintaining the $1,000 fine.

Fort Erie Racetrack applied for teletheatre licences in several locations.

The application for a location in St. Catharines was deferred pending input from the Ontario Harness Horse Association (OHHA) and further documentation.

OHHA subsequently advised it did not support the application but provided no reasons.

The Ontario Racing Commission noted that Flamboro Downs currently operates a teletheatre in St. Catharines, but found that the population of 130,000 could support two teletheatres.

The Commission approved the application, ruling that a licence would be issued once the applicant provided information on the proposed proprietor and the Administration was satisfied the application was complete.

Fort Erie Racetrack applied for teletheatre licences for locations in Welland, Niagara Falls, and Grimsby.

At the hearing, Flamboro Downs Raceway brought a motion to adjourn the proceedings to allow for further negotiation among the parties to resolve underlying issues.

The Ontario Racing Commission unanimously granted the motion and adjourned the hearing to a peremptory date.

The Ontario Jockey Club applied for a teletheatre licence for a site in Markham known as Heritage Champions.

The Ontario Racing Commission held a hearing with representations from the applicant and the Town of Markham.

The Commission approved the application subject to conditions regarding obtaining a liquor licence, restricted hours of operation, and a prohibition on VLTs or slot machines on the premises.

The applicant brought a motion for interim relief pending the determination of its application for a declaration that the Minister of Health acted unlawfully in refusing to recommend its generic drug for inclusion in the Drug Benefit Formulary.

The Minister had reconsidered its recommendation after a Federal Court decision quashed the applicant's Notice of Compliance, despite a subsequent stay of that decision.

The court dismissed the motion, finding that the Minister's refusal was motivated by a desire to protect the public interest, and therefore the applicant failed to meet the balance of convenience requirement for interim relief.

The applicant appeared before the Ontario Racing Commission seeking reinstatement of his Standardbred licence in the category of Groom.

His licence had been suspended in 1991 for conduct prejudicial to racing.

After hearing evidence and submissions, the panel determined that the applicant could be reinstated as a licensee.