Michael Peterson

The appellant, an Official Veterinarian, appealed a Stewards' ruling that suspended him for one day and fined him $100 for having a blood alcohol level over the allowable limit while performing his duties.

The Ontario Racing Commission heard the appeal and found that the blood alcohol level was over the limit and no evidence challenged the credibility of the test or its operator.

The appeal was disallowed and the suspension and fine were upheld.

The appellant appealed from a decision of the Summary Conviction Appeal Court, arguing that the trial judge's reasons were inadequate and that the trial judge erred in applying the W.(D.) principles.

The Court of Appeal found no error of law in the Summary Conviction Appeal Court Judge's conclusion that the trial judge's reasons met the functional test for adequacy set out in Sheppard, nor in the conclusion that the trial judge correctly applied W.(D.).

Leave to appeal was granted, but the appeal was dismissed.