ORC 2004

The appellant track operator appealed a ruling of the Executive Director imposing a fine, probation, and a requirement to conduct a security audit.

The appellant brought motions for a stay of the ruling pending appeal and for further particulars.

The Commission granted the stay, finding that the balance of convenience favoured the appellant and the public interest would be protected by the appellant's continued compliance with existing rules and licence conditions.

The Administration agreed to provide the requested particulars.

Winrac Developments Inc. applied to the Ontario Racing Commission to vary the 2004 Race Day schedule for Woodstock Raceway and to amend the 2004 Backstretch Improvement Plan regarding the paddock.

The Commission approved the amended business plan and reconfirmed the race date schedule on consent.

The Commission also ordered that the Stakes barn floor be properly covered to ensure safety prior to May 28, 2004, and warned of severe penalties for failure to comply with the amended business plan.

The Ontario Harness Horse Association (OHHA) appealed the Acting Executive Director's ruling suspending its licence as a purse account manager for failing to produce requested documents during an investigation.

OHHA challenged the Commission's jurisdiction to regulate purse accounts, the scope of the document request, and the procedural fairness of the suspension without a prior hearing.

The Ontario Racing Commission dismissed the appeal, finding it had jurisdiction to regulate purse accounts and license managers.

The Commission held the document requests were reasonable and within the Director's authority, and that the suspension without a prior hearing was procedurally fair given the need to safeguard trust funds.

The suspension was upheld pending compliance with disclosure requirements.

The Ontario Racing Commission met to review applications for the 2005 live and intertrack race dates.

The Commission approved the requested live standardbred, live thoroughbred, and intertrack/simulcast race dates for various racetracks across Ontario, along with all applied-for post times.

Woodbine Entertainment Group applied for 2005 Thoroughbred race dates.

The Horsemen's Benevolent and Protective Association requested the Commission mandate a ship-in date of no later than February 15, 2005, to allow 60 days for training.

The Commission approved the race dates as applied for, declining to intervene in the ship-in date dispute, finding it was a matter for negotiation between the parties rather than regulatory determination.

Woodbine Entertainment Group applied for a teletheatre licence for a site in Vaughan, Ontario, known as WEGZ Stadium Bar.

The Ontario Racing Commission granted the licence subject to the condition that the Executive Director receives a satisfactory Investigation Report.

If the report is unsatisfactory, the Executive Director may revoke the licence or impose additional conditions.

The Ontario Racing Commission met to review race date applications for the 2005 season.

After reviewing written submissions, the Commission approved the live standardbred race dates and intertrack/simulcast dates for Sudbury Downs Raceway, Quinte Exhibition & Raceway, New Hiawatha Horse Park, and Western Fair Raceway.

All post times were approved as applied for.

The Ontario Racing Commission held a hearing to consider the 2005 live race date applications from Western Fair Raceway, New Hiawatha Horse Park, Woodstock Raceway, and Windsor Raceway.

The Commission evaluated the applications against the public interest and the industry's commitment to promote live horse racing, particularly in light of revenues generated from racetrack slot machines.

The Commission found the applications deficient due to concerns over the compression of racing schedules into summer weekends, the loss of historical winter racing opportunities, and the potential negative impact on horse health and driver pools.

Consequently, the Commission declined to approve the applications and requested the associations to submit revised proposals addressing these concerns.

The Ontario Racing Commission held a teleconference to review 2005 race date applications.

After reviewing submissions, the Commission declined to approve the revised 2005 race date application from Windsor Raceway Inc. for Windsor Raceway.

The Ontario Racing Commission held a teleconference to review the revised 2005 race date application from the applicant for Woodstock Raceway.

The Commission approved 25 live standardbred race dates and 364 intertrack dates, with all post times approved as applied for.

The appellant, a standardbred driver, appealed rulings suspending him for 100 days and downgrading his license for careless driving and interference.

The Ontario Racing Commission Panel found that the appellant created dangerous situations and lacked driving skills.

The Panel varied the penalty, staying the remaining 20 days of the suspension subject to conditions, placing his license on probation for 24 months, and quashing the license downgrade.

The Executive Director of the Ontario Racing Commission issued an amended ruling regarding standardbred owner, trainer, and driver Wilbert Abraham.

By agreement between the licensee and the Commission Administration, the dates for a previously imposed one-year full suspension and $6,500 fine were amended to commence on February 1, 2003, and end on January 31, 2004.

The applicant, a licensed standardbred trainer, sought to have the Ontario Racing Commission review and rescind a trespass notice issued by the respondent racetrack operator, which excluded him from racing at its facilities following an equine drug violation.

The Commission first determined it had jurisdiction to review the exercise of the racetrack's private property rights where the issue primarily involved horse racing and the public interest.

On the merits, the Commission found that the racetrack's decision to exclude the trainer was a reasonable exercise of its property rights aimed at protecting the integrity of its racing product and business interests.

The Commission declined to modify the trespass notice and dismissed the trainer's request for reinstatement.

The Administration brought a motion to determine when the respondent standardbred trainer must serve a six-month suspension and pay $4,500 in fines previously ordered by the Commission.

The respondent and his counsel failed to appear or respond to the motion.

The Commission ordered the suspension to begin on April 1, 2004, with the fines payable by the end of the suspension period on September 30, 2004.

The licensee was suspended indefinitely by the Judges for refusing to provide a sample when requested at Windsor Raceway.

Following a mandatory hearing before the Ontario Racing Commission, the Commission reinstated the licensee's licence subject to the conditions set out in a previous ruling remaining in place indefinitely.

The licensee was also ordered to inquire with the Paddock Judge at every race whether the drug testing unit is present.

The applicant's licences were suspended pending a negative urine sample and an appearance before the Ontario Racing Commission.

The applicant requested reinstatement of his licences.

The Commission ordered that the licences remain suspended until the applicant successfully completes an acceptable substance abuse program.

Upon reinstatement, the applicant must submit to drug testing when competing and will be subject to a 12-month probationary period.

The appellant, a standardbred owner/driver/trainer, appealed a decision suspending his licence for one year and fining him $5,000 for a positive TCO2 test on a horse.

The appellant failed to appear at the scheduled hearing despite receiving notice.

The Ontario Racing Commission dismissed the appeal as abandoned and ordered the suspension and fine to be continued.

The appellant appealed the Judges' decision to scratch his horse, SCULLY FBI, and the eligibility of two other horses, due to the trainer's suspension by the New Jersey Racing Commission.

The Ontario Racing Commission allowed the appeal subject to conditions requiring the appellant to provide proof of a stay of the New Jersey suspension or issued proceedings for a stay application within specified timeframes.

The appellant, a standardbred owner and trainer, appealed a 60-day suspension and $10,000 fine imposed for allowing a suspended trainer to jog a horse for which the appellant was the trainer of record.

The Ontario Racing Commission allowed the appeal in part, reducing the suspension to 21 days and the fine to $7,500.

A standardbred licensee appealed a judges' decision under the Rules of Standardbred Racing to place his horse fourth for causing interference during a race.

The Ontario Racing Commission convened to hear the appeal and received evidence from multiple witnesses.

The Commission dismissed the appeal, with the Vice-Chair dissenting, and confirmed the original placement of the horses in the order of finish.