ORC 2007

The licensees, a horse breeder and his company, sought a stay of an immediate suspension order issued by the Director of the Ontario Racing Commission.

The Director suspended the licenses based on allegations that the licensees misrepresented the foaling location of a horse to enter it in a restricted race.

The Commission considered whether it had the authority to overrule the Director's decision under section 23 of the Racing Commission Act, 2000 before a full hearing.

Applying the test for a stay, the Commission granted the stay with conditions, finding that the public interest would be protected pending a full hearing scheduled before the next racing season.

The appellant, a standardbred owner and trainer, appealed the penalty imposed by track judges after his horse tested positive for Flunixin, a Class IV drug.

The track judges had imposed a $2000 fine and a 150-day suspension.

The appellant admitted the violation but appealed the penalty.

The Ontario Racing Commission accepted a joint submission, varying the penalty to a 75-day suspension and a $1000 fine, but extended the proposed probation period to three years due to the appellant's history of positive tests.

The appellant horse trainer appealed a ruling that found him in violation of the Rules of Standardbred Racing after his horse tested positive for elevated TCO2 levels.

The appellant argued that the test was invalid because the blood sample was taken 28 minutes prior to the race, outside the 20-minute window prescribed by the rules.

The Commission dismissed the appeal, accepting expert evidence that taking the sample further from race time actually benefited the horseman.

The panel concluded that the elevated TCO2 level could only result from human interference and upheld the violation.

The appellant, a standardbred owner/trainer, appealed a ruling suspending him for 180 days and fining him $5,000 after his horse tested positive for Phenylpropolamine.

The appellant argued the horse must have come into contact with the drug while in the retention barn.

The Ontario Racing Commission dismissed the appeal, finding that the trainer is strictly liable for the condition of the horse and that the evidence did not establish that the horse was contaminated in the retention barn.

A jockey, trainer, and owner appealed a stewards' ruling that disqualified their horse from first place and suspended the jockey for three days due to interference during a race.

The appellants argued that the interference was caused by another jockey's whip getting caught in their horse's tail.

The Ontario Racing Commission found that the jockey initiated the interference by aggressively moving his horse into the path of others, which caused the whip to become entangled.

The appeals were denied, the disqualification was upheld, and the jockey's suspension was confirmed.

Thoroughbred jockey Constant Montpellier appealed a Stewards' Ruling suspending him for 150 days and fining him $5,000 for a premeditated attempt to endanger other riders following a race.

The Ontario Racing Commission panel found him guilty of violating the Rules of Thoroughbred Racing, noting he willfully sought revenge against another jockey and endangered the safety of riders and horses.

The panel denied the appeal as to liability but varied the penalty to a $2,500 fine, a 60-day suspension (with 20 days stayed), and directed him to seek an anger management assessment.

The appellant, a thoroughbred jockey, appealed the penalty imposed by the Stewards for assaulting another licensee with a weapon in the jockeys' quarters.

The original penalty was a 60-day suspension and a $5,000 fine.

The Ontario Racing Commission allowed the appeal as to penalty, substituting a $2,500 fine and a 5-day suspension, which was stayed for 6 months on the condition of no similar altercations.

The appellant, a licensed thoroughbred trainer, appealed a $2,000 fine imposed for refusing to allow his horse to be administered Lasix, which resulted in the horse being scratched from a race.

The horse had been forced to race on an off-turf track due to weather conditions, and the appellant refused to race the horse due to safety concerns.

The Ontario Racing Commission allowed the appeal, finding that the appellant's safety concerns were reasonable and provided 'reasonable justification' under the rules for refusing the Lasix administration.

The fine was rescinded.

The appellant, a standardbred owner and trainer, appealed a 30-day suspension and $500 fine imposed for failing to comply with the conditions of a trainer transfer.

The appellant had signed a transfer form for a horse, which required him to provide unimpeded access to Ontario Racing Commission investigators.

When an investigator attempted to conduct a spot check at the appellant's farm in Quebec, the appellant refused access, claiming the investigator had no jurisdiction.

The Commission dismissed the appeal, finding that the appellant's conduct amounted to a refusal of access and that the investigator was acting reasonably to protect the public interest.

The appellant requested a hearing before the Ontario Racing Commission regarding the Director's Notice of Proposed Order to Refuse a Licence.

The Commission affirmed the Director's decision, noting that a licence is a privilege, not a right.

Given the appellant's pending criminal charges and financial obligations, the Director had no choice but to refuse the application.

The Commission noted the appellant could reapply once his difficulties are cleared up and he can demonstrate he will act in accordance with the law, with integrity, honesty, and in the public interest.

The appellants, a thoroughbred jockey and a trainer, appealed Stewards Rulings that suspended the jockey for three days for interference and disqualified their horse from first to third place.

The Ontario Racing Commission Panel heard the appeals together.

The majority of the Panel granted both appeals, overturning the jockey's suspension and restoring the horse to the first-place finishing position with purse monies to be distributed accordingly.

The appellant, a thoroughbred trainer, appealed a Stewards' Ruling suspending him for 180 days for forging the owner's signature on a foal certificate to transfer ownership of a horse to himself.

The appellant claimed the owner had abandoned the horse to him due to unpaid training bills, but admitted to the forgery.

The Ontario Racing Commission dismissed the appeal but varied the penalty by extending the stay of the suspension from 90 to 150 days, citing extreme personal, family, and financial stress as major mitigating factors.

The appellant, a thoroughbred licensee, appealed a Stewards' ruling that suspended him for three days and disqualified his mount from first position.

The Industry Appeal Board previously allowed his appeal regarding the suspension but did not address the disqualification.

At the Ontario Racing Commission hearing to address the order of finish, it was noted that the owner of the horse placed first after the disqualification was not given proper notice of the hearing regarding the order of finish.

The Commission adjourned the matter sine die to allow for proper service and the opportunity for all interested parties to be heard.

The Executive Director of the Ontario Racing Commission issued an order cancelling the live race date scheduled for May 19, 2007, at Woodstock Raceway.

The cancellation was ordered because an insufficient number of horses were entered to race, and it was deemed in the best interests of racing and the betting public to cancel the event.

The Ontario Racing Commission convened an emergency hearing after live race dates were cancelled at Woodstock and Dresden Raceways due to a lack of entered horses.

The Commission ordered a trial experiment for a mini circuit in Southwestern Ontario, allocating 27 live race dates to Woodstock and 25 to Dresden.

The Commission also ordered Winrac Development Inc. to provide independent assurances that the Woodstock facility meets health and safety standards or to detail mitigating steps.

Woodbine Entertainment Group applied to the Ontario Racing Commission to cancel its remaining Sunday Standardbred race dates due to a shortage of horses and participants.

The Ontario Harness Horse Association opposed the application.

The Commission approved the cancellation on the condition that Woodbine schedule extra races on the remaining days of the meet to mitigate the loss of racing opportunities for horse people.

The applicant, operating two racetracks, was ordered by the Executive Director to pay a $25,000 fine per racetrack and a $1,000 daily fine for failing to submit acceptable business plans.

The applicant appealed the order and requested a stay of the daily fine.

The Chair of the Commission granted the stay of the $1,000 daily fine pending the hearing of the appeal.

Tandem Entertainment Corp., operating as Windsor Raceway Inc., was ordered by the Executive Director to pay a $25,000 fine and an additional $1,000 per day for failing to submit an acceptable five-year business plan.

The licensee filed a Notice of Appeal and requested a stay of the $1,000 per day fine.

The Chair of the Ontario Racing Commission granted the stay of the daily fine pending the hearing of the appeal.

The Ontario Racing Commission issued an order cancelling the live race date scheduled for August 8, 2007, at Sudbury Downs Raceway.

The cancellation was ordered due to an ongoing labour dispute, with the Commission determining that the cancellation was in the best interests of racing.

The Ontario Racing Commission issued an order cancelling the live race date scheduled for August 11, 2007, at Sudbury Downs Raceway.

The cancellation was ordered due to an ongoing labour dispute, with the Commission determining that the cancellation was in the best interests of racing.