ORC 2011

The appellant, a standardbred trainer, appealed a Judges' Ruling fining him $300 for being late for lasix administration with a horse.

At the hearing, the appellant admitted to the infraction.

The Ontario Racing Commission dismissed the appeal and upheld the fine.

The applicant sought clarification on the expiration date of a five-year suspension imposed by the Ontario Racing Commission.

The applicant argued the suspension should run from the date of the initial immediate suspension, while the Commission argued it should run from the date of the panel's decision.

The panel determined that the penalty commenced when it was imposed, as no credit for pre-hearing suspension time was explicitly granted in the original decision.

The suspension was ordered to expire on April 30, 2011.

The appellant appealed a ruling regarding the cancellation of an Ontario Sires Stakes Gold Elimination race.

The appellant's horse was scratched due to sickness before the elimination race was cancelled due to acts of God.

The Commission dismissed the appeal, holding that only horses properly programmed and ready to race at the time of cancellation are allowed to advance to the final.

The appellant, a jockey, appealed a three-day suspension issued by the Stewards for interfering with another horse during a race.

The Ontario Racing Commission denied the appeal, finding that the appellant failed to maintain control of her horse after using the stick, despite having prior knowledge of the horse's tendencies.

The suspension was upheld.

The appellants appealed a Stewards' ruling that suspended a jockey for three days and placed a horse 8th for a rule violation.

At the hearing, a properly served witness for the Administration failed to appear.

The Commission Chair adjourned the hearing to a later date when the witness could be made available and referred the witness's failure to appear to the Administration for investigation.

The licensee, a standardbred driver/trainer/owner, was suspended after a follow-up urine sample tested positive for cocaine, violating his post-violation agreement.

He subsequently provided a negative sample and applied for a reinstatement hearing.

The Ontario Racing Commission ordered his licences reinstated subject to conditions, including a $500 fine, payment of $834 in outstanding costs, entering into a new two-year post-violation agreement, and providing evidence of completion of a substance abuse professional's recommendations and attendance at an after-care program.

Ted Jacobs appealed a Judges' decision regarding the official order of finish in Race 7 at Hiawatha Horse Park, where the horse Big Strike finished first and was not placed despite a pylon violation.

The Ontario Racing Commission Panel reviewed the evidence, including testimony from two senior Judges who admitted they missed the infraction during the race.

The Panel found that Big Strike clearly went inside four pylons, constituting a rule violation.

The appeal was allowed, and Big Strike was placed eighth, with the order of finish and purse money adjusted accordingly.

The licensee appealed to the Ontario Racing Commission to upgrade his conditional trainer's private licence to a public owner/trainer's licence.

He argued that it was difficult to find employment as a private trainer and he was unwilling to work as an assistant trainer.

The Administration opposed the request, noting that the licensee was currently under suspension for a positive drug test.

The Panel denied the request, finding that economic hardship is not a sufficient reason for re-licensing and that the request bordered on frivolous given his current suspension.

The appellant, a thoroughbred jockey, appealed a 15-day suspension issued by the Stewards for interfering with another horse and causing its rider to become unseated.

The Ontario Racing Commission denied the appeal, finding that the appellant was not free and clear to move over and had admitted to an error in judgment.

The 15-day penalty was upheld as a correct application of the progressive penalty policy for similar violations.

The appellant, a standardbred trainer, appealed a judges' ruling fining him $200 for being late to the paddock with a horse.

At the hearing, the appellant admitted to the violation.

The Ontario Racing Commission dismissed the appeal and upheld the fine.

The appellant, an Official Veterinarian, appealed a Stewards' ruling that suspended him for one day and fined him $100 for having a blood alcohol level over the allowable limit while performing his duties.

The Ontario Racing Commission heard the appeal and found that the blood alcohol level was over the limit and no evidence challenged the credibility of the test or its operator.

The appeal was disallowed and the suspension and fine were upheld.

The standardbred licensee appealed a Judges' Ruling that his horse did not qualify after making a break in a qualifier.

The licensee argued the horse should have been charted with a broken equipment symbol because it lost a shoe.

The Ontario Racing Commission dismissed the appeal, noting that the onus was on the owner/trainer to determine where the shoe fell off and provide that information to the Judges to establish that the lost shoe caused the break.

The appellant, Aaron Waxman, appealed a decision of the Ontario Racing Commission Judges to freeze $12,500 in purse winnings accrued by his horse, Jinglejanglejingle.

The purse was frozen following the suspension of the appellant's brother, who previously co-owned the horse.

The Panel found that a bona fide transfer of ownership to the appellant had occurred prior to the races in question, and the Judges had not required prior approval for this transfer.

The appeal was allowed, and the appellant was entitled to the purse winnings.

The appellant, a standardbred licensee, appealed a 3-day driving suspension imposed by the Judges for violating SB Rule 22.05.01(a) by causing interference to another horse during a race at Kawartha Downs.

The Ontario Racing Commission heard testimony from the judge, starter, and another driver, and reviewed the race video.

The Commission found that the appellant's horse clipped the legs of another horse, causing it to break stride.

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

The appellant, a standardbred licensee, appealed a 3-day driving suspension for bearing down in the first turn and causing interference to other horses.

After reviewing the film and hearing testimony, the Ontario Racing Commission denied the appeal, finding the film clearly showed the interference.

The 3-day suspension was upheld.

In a second hearing for another suspension, the appellant cancelled late, resulting in the appeal being denied and $500 in costs assessed.

Witnesses who failed to appear were ordered to appear before the Commission.

The licensee appealed the denial of a stay of rulings that fined him $5,000, suspended him for one year, suspended several of his horses, and held purse monies pending a court injunction.

The Ontario Racing Commission panel dismissed the appeal and denied the stay, citing the seriousness of the conduct, the licensee's prior probation for anger management, and the negative public perception of granting a stay.

The appellants, owners of the horse 'Steady Stuart', appealed a Judges' Decision that placed their horse from first to fifth position due to interference leaving the starting gate.

The Ontario Racing Commission heard testimony from jockeys, owners, and trainers.

The Commission found that the interference was not incidental and was serious enough to warrant the placings.

The appeal was denied and the stewards' ruling was upheld.

The appellant, a standardbred licensee, appealed a three-day driving suspension for causing interference during a race.

At the hearing, the appellant indicated he wished to withdraw his appeal and accept the penalty.

The Commission permitted the withdrawal but assessed costs of $500 against the appellant under the Rules of Procedure.

The licensee, a standardbred owner/trainer, failed to present himself to provide a sample for random drug and alcohol testing, resulting in a suspension.

At the reinstatement hearing, the Ontario Racing Commission emphasized the seriousness of failing to report for random testing.

The Commission ordered the licensee to pay a $500 fine, serve a suspension until February 20, 2011, and enter into a one-year post-violation agreement.

The appellant appealed a Judges' ruling that placed his horse from 1st to 7th for causing confusion or interference among trailing horses by slowing down.

The Ontario Racing Commission found that the horse momentarily slowed down, causing confusion and interference in the back.

The appeal was denied and the Judges' ruling was upheld.