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 – MAY 7, 2026
SB HRAP 05014 2026
ORDER
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:
May 7, 2026
Horse Racing Appeal Panel (Panel):
Stanley Sadinsky, K.C., Chair
Appellant:
Malik Smith
Decision:
The Panel grants the request for an adjournment
in addition to an extension of the 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;
AND WHEREAS on April 10, 2026, the Panel granted a motion for a stay, conditional upon appeal proceeding 30 calendar days from the date of the Decision on the stay request;
AND WHEREAS on April 28, 2026, the Registrar made a request for the adjournment of the May 5, 2026 hearing, to which the Appellant consented;
AND WHEREAS on April 28, 2026, the Registrar consented to an extension of the stay, conditional upon the hearing proceeding no later than May 22, 2026;
TAKE NOTICE that the Panel grants the Registrar’s request for an adjournment of the May 5, 2026 hearing date, now scheduled to proceed on May 21, 2026, on consent;
TAKE NOTICE that the Panel grants the extension of the stay, conditional upon the hearing proceeding no later than May 22, 2026.
DATED on this 7th day of May, 2026.
Stanley Sadinsky, K.C., Chair
Horse Racing Appeal Panel