Jean Marc Mackenize

The appellant, owner of the second-place horse, appealed a decision of the Ontario Racing Commission Judges who found no violations requiring a placing after the winning horse broke stride at the start and its driver allegedly violated the whipping rule near the finish.

The Commission panel dismissed the appeal, finding that the Judges correctly interpreted and applied the rules of racing.

The driver of the winning horse lost ground while on the break and did not strike the horse with the whip when he raised it in celebration.

The appellant, a standardbred licensee and trainer, appealed two rulings suspending him and imposing fines after a horse he trained tested positive for furosemide.

The Ontario Racing Commission heard expert testimony that the horse was a rare outlier unable to metabolize the drug normally, and that the appellant had done everything possible to comply with the rules.

The Commission granted the appeal and reduced the fines and suspensions to zero, applying the strict liability defence.