ORC 2005

The applicant, 405730 Ontario Ltd. (New Hiawatha Horse Park), applied for 52 live race dates and 364 simulcast race dates for the 2006 season.

The Ontario Harness Horse Association suggested a 70-date schedule.

The Ontario Racing Commission approved the application as submitted, noting the track's financial challenges including a significant property tax increase.

The Commission ordered the applicant to file a revised application adding dates if its property tax appeal is successful.

The Director of the Ontario Racing Commission issued a Notice of Proposed Order to refuse to issue a thoroughbred owner licence to the applicant.

The applicant requested a hearing.

The Commission considered wiretap evidence obtained during an illegal gambling investigation.

The Commission found that the voice on the wiretaps was the applicant's and that he was engaged in illegal wagering on horse races and facilitating off-shore internet gambling.

The Commission concluded that the applicant's conduct undermined the horse racing industry and that he was unlikely to act in accordance with the law.

The Commission confirmed the Director's proposed order to refuse the licence.

The appellants, a standardbred owner/trainer and an authorized agent/owner/trainer, appealed rulings imposing fines and suspensions following a positive test for a prohibited substance in their horse.

The trainer of record's appeal was dismissed on consent.

The co-owner's appeal was allowed in part; the Commission found he was not directly responsible for the positive test but was responsible for partial care of the horse through their partnership.

His penalty was reduced from a $2,000 fine and 15-day suspension to a $1,000 fine.

The appellant, a licensed standardbred owner, appealed two rulings by racetrack judges suspending his licence and imposing a fine for using improper language and engaging in misconduct prejudicial to the best interests of racing during two separate altercations.

The Ontario Racing Commission upheld the findings of liability, noting the appellant's aggressive and threatening behaviour towards other licensees.

However, the Commission allowed the appeal in part regarding penalty, reducing the total suspension to 20 racing days and the fine to $3,000, while imposing a one-year probationary period.

The Ontario Racing Commission held a hearing regarding Winrac Development Inc.'s failure to complete a new paddock at Woodstock Raceway by the amended deadline of August 3, 2004.

Winrac argued that the delay was caused by its landlord, the Woodstock Agricultural Society, and requested a suspended penalty.

The Commission rejected this argument, finding that Winrac failed to exercise due diligence in obtaining the necessary approvals from its landlord.

The Commission concluded that Winrac failed to comply with a requirement of the Commission and imposed a fine of $20,000.

The licensee, a standardbred driver, trainer, and owner, tested positive for THC Carboxylic Acid.

The Director of Racing indefinitely suspended his licences pending a hearing.

Following a hearing before the Ontario Racing Commission, the panel ordered his licences fully suspended for three months and his driver's licence suspended for one year, including prohibitions on driving, warming up, and parading horses.

The appellant, a standardbred licensee, appealed a Judges' Ruling that suspended him for 60 days and fined him $1,500 for a positive TCO2 test result from a horse he raced.

The Ontario Racing Commission dismissed the appeal regarding the rule violation but allowed the appeal in part regarding the penalty, reducing the suspension to 30 days while maintaining the $1,500 fine.

The Director of Racing indefinitely suspended the respondent's standardbred driver licence after he tested positive for THC Carboxylic Acid.

Following a hearing, the Ontario Racing Commission ordered an eight-month suspension (with two months stayed), required the respondent to enroll in an ongoing treatment program, and placed his licence on probation for one year.

The respondent, a standardbred licensee, tested positive for a cocaine metabolite.

Following a hearing, the Ontario Racing Commission suspended his trainer and ferrier licences for three months, and his driver and starter licences for one year (with three months stayed).

The Commission also ordered him to complete a treatment program and placed his licences on probation for one year.

The appellant, a standardbred driver/trainer/owner, appealed a judges' ruling that fined him $1,000 and suspended him for 30 days for improper conduct towards another participant.

The appellant contested the Commission's jurisdiction, arguing the conduct occurred outside its governance of horse racing.

The panel found it had jurisdiction under the Racing Commission Act, as the conduct involved threats and ethnic insults related to future races.

The panel affirmed the $1,000 fine and 30-day suspension but stayed 15 days of the suspension for one year on the condition of no further violations.

The licensee, a standardbred owner/driver/trainer, appealed a Judges' ruling that fined him $1,500, suspended him for 120 days, and placed him on probation for two years for failing to provide a proper urine sample.

The licensee provided urine samples that registered below the required 90 degrees Fahrenheit on the temperature strip.

The Commission accepted expert evidence that samples below this temperature indicate alteration or substitution.

The Commission found the licensee failed to provide a proper sample and dismissed the appeal, affirming the penalty.

Three standardbred owners/trainers appealed rulings by the Standardbred Judges at Grand River Raceway regarding alleged misconduct with respect to the horse LAVROS STAR N. The Ontario Racing Commission upheld the findings of improper conduct and rule violations regarding ownership and control for Matthew Shibley.

The Commission allowed Joseph Shibley's appeal regarding a hidden training interest but upheld other rule violations, reducing his penalty.

Patrick Shibley's appeal on liability was dismissed, but his penalty was reduced.

The Commission emphasized the importance of proper business practices and documentation in the horse racing industry.

William Philip Gracey appealed a Stewards' ruling that fined him $5,000 for refusing to bring a horse to the paddock at the appointed time, in violation of the Rules of Thoroughbred Racing.

The Ontario Racing Commission dismissed the appeal on liability, finding that the appellant had violated the rules.

However, the Commission allowed the appeal in part on the issue of penalty, reducing the fine to $2,000.

The appellants, a horse trainer and a groom, appealed a Stewards' ruling that found the trainer violated the Rules of Thoroughbred Racing by improperly transferring ownership of a horse from the owner to his son using his authorized agent privileges.

The Ontario Racing Commission dismissed the appeal regarding liability and the transfer of the horse back to the original owner, finding the trainer breached his duty to the owner by acting without proper authority and preferring his family's interests.

The Commission upheld the $5,000 fine but modified the trainer's suspension to run from July 1 to December 31, 2005.

The appellants, a jockey and an owner, appealed a Stewards' Ruling that suspended the jockey for three days for interference and disqualified their horse from first to sixth place.

The Ontario Racing Commission dismissed the appeal, finding that the jockey made an error in judgment by moving into the rail lane and failing to give another rider enough room.

The three-day suspension and the placing of the horse were upheld.

Thoroughbred jockey Eldridge Lindsay appealed a 3-day suspension for interference and careless riding.

The Ontario Racing Commission Panel found that the jockey took appropriate and expected steps to prevent his horse from bearing in and interfering with another horse.

The Panel allowed the appeal and removed the suspension, but upheld the disqualification and placement of the horse.

Standardbred Licensee David MacNabb requested a hearing before the Ontario Racing Commission regarding the Executive Director's Notice of Proposed Order to refuse to issue a licence.

After hearing from both parties and witnesses, the Commission confirmed the Executive Director's Notice of Proposed Order to refuse to issue a licence.

The Commission provided oral reasons for its decision on the record.

The appellant, a standardbred licensee, appealed a suspension under Rule 6.38 of the Rules of Standardbred Racing.

Following an adjournment to allow the appellant to retain counsel, the Ontario Racing Commission heard the appeal based on an Agreed Statement of Facts.

The Commission reinstated the appellant's driver's licence subject to a 180-day suspension and a one-year probation period.

During probation, the appellant must submit to random drug testing, with any positive or improper sample resulting in an immediate full suspension.

Standardbred owner Rick Cauvier requested a hearing regarding a Notice of Proposed Order to revoke his licence.

The Ontario Racing Commission confirmed the Executive Director's decision to revoke the licence, but delayed the effective date to allow Mr. Cauvier to sell or transfer his horses with the prior consent of the judges at Rideau-Carlton Raceway.

The Director issued a Notice of Proposed Order to revoke the licence of Standardbred Owner/Trainer/Driver Brian Lawson.

At the hearing, the parties consented to an adjournment sine die based on the respondent's undertaking not to re-apply for a licence for nine months and to provide 30 days' notice before any subsequent application.

The Commission accepted the undertaking and ordered the hearing adjourned sine die.