Horse Racing Appeal Panel

90 Sheppard Avenue East

Suite 300

Toronto ON M2N 0A4

Comité d’appel des courses de chevaux

90, avenue Sheppard Est

Bureau 300

Toronto ON M2N 0A4

HORSE RACING APPEAL PANEL

TORONTO, ONTARIO – APRIL 10, 2026

SB HRAP 05008 2026

NOTICE OF DECISION

IN THE MATTER OF THE HORSE RACING LICENCE ACT, S.O. 2015 C. 38 Sched. 9;

AND IN THE MATTER OF A REQUEST FOR A STAY BY MALIK SMITH OF STANDARDBRED RULING NUMBER 3565973

Date of Issue:

April 10, 2026

Horse Racing Appeal Panel (Panel):

Stanley Sadinsky, K.C., Chair

Appellant:

Malik Smith

Decision:

The Panel grants the request for a stay, conditional upon the terms as set out below.

WHEREAS Malik Smith (“SMITH”) is licensed with the Alcohol and Gaming Commission of Ontario (“Commission”) as an Owner/Driver/Trainer, Licence Number HP1204359;

AND WHEREAS on November 30, 2025, the Standardbred horse “VERTICAL SQUIRT”, for which SMITH is the trainer of record, finished 8th in the 9th race at Woodbine Mohawk Park and the horse provided a pre-race blood sample identified by test tag number 53 25334 17 and was in the EIPH program;

AND WHEREAS on December 3, 2025, the AGCO received a Certificate of TCO2 Analysis from Racing Forensics Inc. of Test Tag number 53 25334 17, confirming total carbon dioxide (“TCO2”) at a concentration of > 40.0 mmol/L;

AND WHEREAS SMITH has violated Rules 22.38(b), 26.02.01, 26.02.02, and 26.02.03(d) of the Rules of Standardbred Racing (the “Rules”);

AND WHEREAS in accordance with Rules 4.02(i), 6.04, and 22.38.06 of the Rules and Policy Directive No. 1-2018, SMITH is suspended for a period of 90 days to be served from March 28, 2025 to June 25, 2026, inclusive and shall also pay a monetary penalty of five thousand dollars ($5000.00);

AND WHEREAS in accordance with Rule 6.01(a) of the Rules, SMITH is prohibited from accessing association grounds, including the “Winner’s Circle”, with the exception of the grandstand, while his licence is suspended and is required to complete the AGCO Equine Medication Use and Awareness Program before reinstatement;

AND WHEREAS any subsequent equine drug or TCO2 violation(s) by SMITH contrary to the Rules may result in the imposition of further monetary penalties, conditions, and/or suspensions and/or revocation of licence;

AND WHEREAS in accordance with AGCO rules 9.13 and 18.08.01, “VERTICAL SQUIRT” has been declared “disqualified” and all purse monies, driver fees and trainer’s fees are ordered returned to the Association for redistribution within fifteen (15) days of this ruling;

AND WHEREAS on March 17, 2026, SMITH filed a Notice of Appeal and a Notice of Motion requesting a stay, conditional upon the appeal proceeding 30 calendar days from the date of this Decision;

TAKE NOTICE that the Panel grants the motion for a stay, conditional upon the terms set out above;

DATED on this 10th day of April, 2026.

Stanley Sadinsky, K.C., Chair

Horse Racing Appeal Panel