The Director of the Ontario Racing Commission sought judicial review of a Panel decision that exonerated a horse trainer from an absolute liability offence based on a due diligence defence.
The horse had tested positive for a prohibited drug after winning a race.
The Divisional Court held that the Panel's decision was unreasonable because a standard of care defence is not available for an absolute liability offence.
The Court set aside the Panel's decision, restored the original finding of a rule violation, and exercised its jurisdiction to impose a penalty of no fine and no suspension, leaving the horse's disqualification intact.
