Katherine Hensel

A thoroughbred jockey appealed a Stewards' ruling that suspended him for three days and disqualified his horse from first place due to alleged interference.

The Industry Appeal Board reversed the suspension but left the disqualification undisturbed.

On a de novo hearing before the Ontario Racing Commission, the Panel found that the jockey did not breach any racing rules and that the interference was caused by another jockey's dangerous attempt to pass on the inside going into a turn.

The Panel allowed the appeal and ordered the original order of finish restored.

The appellant brought a motion to stay the execution of his disbarment by the Law Society of Upper Canada pending his appeal to the Divisional Court.

The appellant argued that he was denied procedural fairness when the Law Society refused an adjournment and proceeded with the hearing in the absence of his newly retained counsel.

The court found that there was a serious issue to be tried regarding procedural fairness, that the appellant would suffer irreparable harm if disbarred before the appeal, and that the balance of convenience favoured a stay.

The motion for a stay was granted.

The appellant, a thoroughbred licensee, appealed a Stewards' ruling that suspended him for three days and disqualified his mount from first position.

The Industry Appeal Board previously allowed his appeal regarding the suspension but did not address the disqualification.

At the Ontario Racing Commission hearing to address the order of finish, it was noted that the owner of the horse placed first after the disqualification was not given proper notice of the hearing regarding the order of finish.

The Commission adjourned the matter sine die to allow for proper service and the opportunity for all interested parties to be heard.

The appellant, a thoroughbred trainer, appealed a Stewards' Ruling suspending him for 180 days for forging the owner's signature on a foal certificate to transfer ownership of a horse to himself.

The appellant claimed the owner had abandoned the horse to him due to unpaid training bills, but admitted to the forgery.

The Ontario Racing Commission dismissed the appeal but varied the penalty by extending the stay of the suspension from 90 to 150 days, citing extreme personal, family, and financial stress as major mitigating factors.

The Crown appealed a decision of the summary conviction appeal judge, who had acquitted the respondent of a zoning by-law infraction on the basis that notice and an opportunity to comply were preconditions to prosecution.

The respondent conceded this was an error in law.

The Court of Appeal agreed, rejected the respondent's alternative arguments regarding officially induced error and the trial justice's treatment of expert evidence, allowed the appeal, and restored the conviction.