ORC 2009

The appellant, a licensed driver/trainer, appealed a $300 fine for indiscriminate use of the whip during a race.

He argued that placing the whip between the horse's back legs was not indiscriminate and that he was unaware of the specific rule interpretation.

The Ontario Racing Commission dismissed the appeal, finding that ignorance of the rules is not a defence and that the rule clearly prohibits such conduct.

The Commission reinstated the $300 fine and imposed an additional $100 fine for a frivolous appeal.

The licensee appealed the penalty imposed by the track stewards for possessing hypodermic syringes, needles, and injectables contrary to the Rules of Thoroughbred Racing.

The stewards had originally imposed a two-year suspension and a $2,500 fine.

The Ontario Racing Commission panel accepted an agreed statement of facts concluding the licensee was not practicing veterinary medicine without a license.

Consequently, the panel reduced the penalty to a 60-day suspension and a $1,000 fine, distinguishing the case from a similar precedent based on the quantity and nature of the medications possessed.

The appellant, a standardbred licensee and trainer, appealed a ruling that placed his horse from first to last after the driver drove with both lines in one hand and struck the horse with the whip.

The Ontario Racing Commission dismissed the appeal, finding that the driver violated the newly implemented urging rules.

The Commission held that the offence was one of absolute liability and that the mandatory penalty of placing the horse last under Policy Directive No. 2-2009 must be applied, despite the violation being inadvertent and the severe financial consequences to the owner.

The appellant, a standardbred driver, appealed a $100 fine for failing to keep his feet in the stirrups during a race, contrary to Rule 22.19 of the Rules of Standardbred Racing.

The Ontario Racing Commission panel reviewed the video evidence, which clearly showed the appellant's foot out of the stirrup and hitting the horse's hock.

The panel dismissed the appeal, finding that the rule's intent is to ensure safety and prevent drivers from using their feet to strike the horse.

As the appellant offered no new evidence after three hearings, the panel deemed the appeal frivolous and ordered him to pay $750 pursuant to subsection 11(8) of the Racing Commission Act.

The appellant, a thoroughbred trainer, appealed a Stewards' ruling that suspended his horse for 90 days after it tested positive for a Class III drug.

At the hearing, the appellant was represented by a non-lawyer who had not filed the required Declaration of Representative; the panel allowed the representation to proceed without adjournment, finding the representative fell within a statutory exception.

On the merits, the appellant sought a reduction of the 90-day suspension based on mitigating circumstances.

The Ontario Racing Commission dismissed the appeal, holding that the 90-day suspension is a mandatory minimum penalty designed for general deterrence and cannot be reduced or waived under the hardship provisions of the rules.

The appellant, a licensed Standardbred driver/trainer/owner, appealed a $500 penalty imposed by track judges for failing to notify of the death of her racehorse.

The parties reached a resolution agreement restricting the appeal to penalty only.

The Ontario Racing Commission accepted the joint submission, upholding the $500 fine but staying $300 of it for a period of one year due to mitigating factors including the tragic circumstances of the horse's death and the appellant's financial situation.

The appellant appealed a decision of the Stewards denying a protest over a horse claim.

The appellant argued that the claim form was invalid because the claimant failed to delete the suffix 'st' when correcting the race number from '1' to '2'.

The Ontario Racing Commission dismissed the appeal, finding that the intent to claim from the second race was clear and the error was merely technical, not substantive.

The licensee appealed a ruling by the Judges at Grand River Raceway that placed his horse from 2nd to 7th for making a break in stride, failing to continuously lose ground, impeding other horses, and leaving the course by going inside four consecutive pylons.

The Ontario Racing Commission dismissed the appeal, finding that the driver failed to take the horse to the inside, failed to lose ground, impeded two other horses, and gained an unfair advantage by leaving the course.

The appellant, a thoroughbred licensee, appealed the Executive Director's denial of a stay of a Stewards' ruling.

The ruling rendered the horse Hollywood Hit ineligible to race in Ontario for 90 days following a positive test for acepromazine.

The Ontario Racing Commission panel denied the appeal, with written reasons to follow.

The appellant, a licensed veterinarian, appealed a ruling that fined him $5,000, suspended him for 90 days, and imposed two years' probation for refusing a search of his vehicle by an ORC investigator.

The investigator requested the search after observing suspicious behavior, including the disposal of a used syringe and the movement of the appellant's vehicle in and out of the fenced paddock area.

The appellant argued the vehicle was outside the fenced enclosure and not subject to search.

The Ontario Racing Commission denied the appeal, finding the investigator had reasonable cause and the search powers extended to the entire grounds of the association.

The fine and probation were upheld, but the suspension was stayed on the condition that the appellant abide by the Rules of Racing.

The applicant, a thoroughbred licensee, applied for a reinstatement hearing after his licence expired following a suspension for a positive drug test.

The Ontario Racing Commission granted the applicant a tradesperson's licence subject to conditions, including the repayment of $765 outstanding to the Commission, entering into a 12-month post-violation agreement, and submitting to random testing.

The applicant was also permitted to apply for reinstatement as a groom, assistant trainer, or trainer within six months, provided he secures an employer.

The appellant appealed a decision rendering the 2009 foals of his stallion ineligible for the Ontario Sires Stakes program due to late registration.

The appellant had completed the registration form and payment but forgot to mail it because of his mother's death.

The Ontario Racing Commission granted the appeal on compassionate grounds, noting the appellant's history of compliance and the lack of prejudice to others, and declared the five foals eligible for the 2009 program.