The appellant sought a stay pending appeal from a standardbred ruling arising from a TCO2 test above the allowable limit, which placed the horse on the Judges List and made it ineligible to race or enter for 30 days.
The Panel treated the motion as an unusual case because the appellant sought only to enter the horse before the expiry of the 30-day period, not to race it during that period.
Applying the Panel’s stay jurisprudence and the overarching interests of justice approach drawn from Livent v. Deloitte Touche, the Panel held that the key regulatory concern was preventing the horse from racing during the full 30-day period.
A stay was granted permitting entry before expiry of the period, provided the horse did not race until on or after April 26, 2026.