ORC 2010

The appellants, the driver and trainer/owner of the standardbred horse Newport Volo, appealed a track judges' ruling that placed the horse from second to third for failing to continuously lose ground when off stride during a race.

The Ontario Racing Commission dismissed the appeal, finding that the horse broke from a trot to a pace near the finish line and did not lose ground as strictly required by Rule 22.27(c) of the Rules of Standardbred Racing.

The remnant of the second-place purse monies was ordered distributed to the owner of the third-place horse.

The appellant, a licensed standardbred owner/trainer/driver, appealed a ruling by the standardbred Judges refusing his request to transfer two horses to his own care.

The horses were previously trained by his son, who had been suspended for a TCO2 violation.

The Judges refused the transfer because the appellant and his son were immediate family members and the horses would remain at the same farm, meaning it was not an arm's length transfer.

The Ontario Racing Commission dismissed the appeal and upheld the refusal of the trainer transfer.

The licensee, a standardbred driver/trainer/owner, applied for reinstatement of his license after his eighth positive test for cocaine and subsequent violations of his probation and post-violation agreements.

The Ontario Racing Commission granted the application for reinstatement subject to strict conditions, including a two-year probation period, random drug testing, mandatory participation in a rehabilitation program, and an automatic five-year suspension for any future positive tests.

The licensee, a standardbred owner/trainer/driver, appealed a Notice of Proposed Order to suspend his licence for purchasing unlabelled and unprescribed therapeutic substances from unauthorized distributors.

Following a review of the evidence and a joint submission on penalty, the Ontario Racing Commission rescinded the proposed suspension.

The panel ordered a $1,000 fine and a one-year probation period, during which any further violation would trigger an immediate suspension.

The licensee, a thoroughbred jockey, appealed a suspension issued after he tested positive for marijuana, violating his post-violation agreement.

The Ontario Racing Commission accepted a joint recommendation in part, varying the penalty to impose a $500 fine, a 12-month suspension with 10 months stayed, 40 hours of community service, and a two-year extension of his post-violation agreement.

The appellant, a standardbred licensee, appealed a three-day driving suspension and the placing of his horse from 1st to 6th for allegedly causing interference during a race.

The Ontario Racing Commission allowed the appeal, finding that the video evidence showed the appellant had his wheel in front and did not cause interference.

The suspension was rescinded and the original order of finish was restored.

The appellants, standardbred licensees, failed to appear for their appeal hearing regarding the proposed revocation of their licences.

Their representative and counsel for the Administration agreed to adjourn the hearing to a peremptory date.

The panel granted the adjournment and ordered the appellants to collectively pay $1,000 in costs thrown away due to their failure to attend.

The licensee, a standardbred owner/driver, appealed a suspension imposed after a follow-up saliva sample tested positive for Oxycodone, violating a post-violation agreement.

Following the licensee's successful completion of a 45-day inpatient drug rehabilitation program, the Ontario Racing Commission held a reinstatement hearing.

The Commission ordered that the licensee is eligible for reinstatement of his licenses, subject to conditions including enrollment in an approved after-care program, entering into a new 12-month post-violation agreement, and a 24-month probationary period.

The licensee, a thoroughbred trainer, appealed a Stewards' ruling that suspended her for one year and fined her $5,000 after her horse tested positive for caffeine, a Class II drug.

The Ontario Racing Commission panel found no evidence that the caffeine came from an external contaminant or previous exposure to coffee.

However, considering the licensee's good record and lack of intent to gain an unfair advantage, the panel allowed the appeal in part, reducing the suspension to six months and the fine to $2,500.

The appellant, a standardbred licensee, appealed a Judges' ruling that declined to place a horse that went on a break during a race.

The appellant argued the horse did not continuously lose ground as required by the breaking rules.

The Ontario Racing Commission dismissed the appeal, preferring the testimony of the Judge and the driver that the horse did lose ground, albeit marginally, and was not lapped on at the finish.

The appellant, a thoroughbred trainer, appealed a decision by the Stewards to disqualify his horse for interference during a race.

The Stewards had placed the horse tenth after finding it interfered with another horse during the stretch run.

The Ontario Racing Commission reviewed the video evidence and testimony, concluding that there was insufficient room for the appellant's horse to pass, resulting in interference.

The appeal was denied and the Stewards' decision was upheld.

The appellant, a standardbred owner/trainer/driver, appealed a 15-day driving suspension imposed for careless driving and causing interference during a race.

The appellant admitted to the interference and appealed only the penalty.

The Ontario Racing Commission dismissed the appeal, finding the 15-day suspension reasonable given the appellant's past record, the seriousness of the offence, and concerns for the health and welfare of the horses and drivers.

The appellant, a thoroughbred licensee, appealed a ruling that suspended him indefinitely for misuse of his crop during a race and lifted a previously granted stay.

The Ontario Racing Commission convened a hearing to address the lifting of the stay.

After hearing testimony, the Panel adjourned the hearing and reinstated the stay until the appeal date, with the condition that any further urging violation would result in an immediate suspension after riding out his mounts for that day.

The appellant, a standardbred driver, appealed a judges' ruling that fined him $200 and suspended him for three days for failing to keep his whip within the confines of the wheels during a race, contrary to Rule 22.23.03(c).

The Ontario Racing Commission upheld the violation, finding that the driver made a whipping motion outside the confines of the wheels.

The Commission denied the appeal of the fine but varied the penalty by staying the three-day suspension for one year, provided the driver commits no further violations of the rule during that time.

The appellant, a standardbred licensee, appealed a 3-day driving suspension issued by the Judges for violating ORC Rule 22.05.01(a) by interfering with another driver during a race.

The Ontario Racing Commission panel reviewed the video evidence and found that the appellant did interfere with the other driver.

The appeal was denied and the 3-day suspension was upheld.

The appellant, a standardbred licensee, appealed a ruling that downgraded his driving licence to a 'C' category, placed him on probation, and required anger management following an altercation with another licensee.

The Ontario Racing Commission denied the appeal, finding that the downgrade was appropriate to protect the safety of drivers and horses and the integrity of harness racing, given the appellant's record of driving violations.

The licensee, a thoroughbred trainer, appealed a ruling of the Ontario Racing Commission Stewards suspending him for one year and fining him $5,000 after his horse tested positive for codeine and morphine.

At the hearing, the parties presented a joint submission proposing a reduced penalty of a four-month suspension, a $2,500 fine, and two years of probation with conditions.

The Panel accepted the joint submission with minor variances, noting the absolute liability nature of the offence and the licensee's previously clean record.

Lascelles DaCosta appealed a Notice of Proposed Order to revoke his standardbred racing licence after an investigation revealed he failed to disclose his criminal record and traffic violations on his application.

The Ontario Racing Commission found that DaCosta violated the rules by failing to honestly complete his application.

The appeal was denied, but the penalty was varied to a 12-month suspension (with 10 months stayed) and a $3,000 fine, considering mitigating factors such as his recent clean record and financial responsibility in racing.

The appellant, a standardbred licensee, appealed a three-day driving suspension and horse placement for bearing down and forcing another driver inside the pylons.

He also appealed a penalty for failing to appear at a scheduled hearing.

The Ontario Racing Commission denied the appeal regarding the driving infraction, upholding the suspension and placement.

The Commission also denied the appeal regarding the failure to appear but varied the penalty to a $500 fine, noting the appellant's partial efforts to cooperate.

The appellants, a jockey and a trainer/owner, appealed a Stewards' ruling that imposed a three-day riding suspension on the jockey and placed their horse from first to sixth position for interference during a race.

The Ontario Racing Commission panel reviewed the race film and heard testimony from a steward and another jockey.

The panel found that the jockey did interfere with another rider, violating Thoroughbred Rule 11.07.

The appeal was denied, and the suspension and placing were upheld.