Stephen Aylward

The respondent, Silvio Serrano, brought a motion seeking disclosure of unredacted transcripts of compelled interviews and an unredacted confidentiality order, or in the alternative, a stay of the enforcement proceeding against him.

The Capital Markets Tribunal found that the redacted information met the test for disclosure and was necessary for Serrano to make full answer and defence.

However, an existing confidentiality order prevented Staff from disclosing the information, and the Tribunal declined to vary or vacate that order.

Concluding that proceeding without the disclosure would cause actual prejudice and constitute an abuse of process, the Tribunal granted a stay of the proceeding against Serrano.

The licensee, a standardbred racehorse trainer, appealed a Proposed Order by the Director of the Ontario Racing Commission alleging he participated in racing while his licence was suspended.

The Commission found that despite transferring his horses to another trainer, the licensee maintained significant involvement in their care, banking, and sale, and had extensive contact with the new stable staff.

The Commission concluded the licensee participated directly or indirectly in racing while suspended, violating Rule 6.10.01.

The Director's application was granted, and the licensee was suspended for over nine months and fined $5,000.

The Director of the Ontario Racing Commission applied for a declaration that the licensee participated in racing while his licence was under suspension.

The panel granted the application, finding a violation of Rule 6.10.01 of the Rules of Standardbred Racing.

The licensee was suspended for nine months and five days and fined $5,000.

The appellant, a horse trainer, appealed a ruling that denied him a stay of his suspension following a positive test for a trace amount of cocaine in a horse.

The Ontario Racing Commission panel applied the Czupa test for granting a stay.

Considering the appellant's long history in the industry with a clean record, the balance of convenience, and fairness, the panel allowed the appeal and granted the stay, ordering that the hearing of the main appeal be expedited.