The Director of the Ontario Racing Commission sought judicial review of an ORC Panel decision that reduced the penalties of four horse trainers whose horses tested positive for a controlled substance.
The trainers had been found guilty of an absolute liability offence but the Panel reduced their penalties to a nominal fine and no suspension, finding they had exercised due diligence by consulting veterinarians and following their advice.
The Divisional Court dismissed the application, holding that the Panel's decision to consider due diligence as a mitigating factor at the penalty stage was reasonable and entitled to deference.
