ORC 2012

The appellant appealed the Director's Notice of Proposed Order refusing to issue him a standardbred licence.

The appellant had previously been suspended for 14 months.

During a search of his stable, investigators found thyroxine, a controlled drug, which the appellant had acquired without a veterinary examination or blood test, violating the Rules of Racing.

The Ontario Racing Commission panel denied the appeal, finding that the appellant's conduct placed the integrity of the horse racing industry in question and that he failed to demonstrate he would act in accordance with the law or in the public interest.

His licence remains suspended, with eligibility to re-apply in two years.

The appellant, a standardbred trainer, appealed a Judges' Ruling that placed his horse 6th for a violation of Rule 22.27(c) of the Rules of Standardbred Racing.

The Ontario Racing Commission found that video evidence showed the horse continuously lost ground while on a break, in compliance with the rules.

The appeal was allowed and the original dead-heat for 4th place was restored.

The appellant, a standardbred licensee, appealed a one-year suspension imposed for violating rules against misconduct, cruelty, and misleading investigators.

The allegations involved leaving a horse tied in full harness overnight without food or water, and subsequently subjecting it to an abusive training session as retribution for poor racing performance.

The Ontario Racing Commission dismissed the appeal, finding the evidence of mistreatment overwhelming and rejecting the appellant's denials.

The panel upheld the one-year suspension of all licensing privileges (except as a groom) and imposed a two-year probationary period with conditions.

The appellant, a standardbred licensee, appealed a one-year suspension, $5,000 fine, and two-year probation imposed after a horse he trained tested positive for a Class II drug.

The appellant argued the positive test was the result of tampering by another trainer.

The Ontario Racing Commission denied the appeal, finding no credible evidence of tampering and noting the appellant's failure to take precautions to protect the horse.

The original penalty was confirmed.

The appellant, a thoroughbred licensee, appealed a six-month suspension issued by the Stewards for an unsatisfactory ride.

At the hearing, the parties presented an Agreed Statement of Facts and Joint Submission on Disposition.

The Ontario Racing Commission accepted the joint submission, finding the appellant breached Rules 15.09.01 and 16.13(d) of the Rules of Thoroughbred Racing.

The appellant was suspended for 30 days and placed on probation for two years, with conditions requiring good behaviour and prohibiting unsportsmanlike conduct.

The applicant, a standardbred licensee, appealed a ruling suspending his owner's licence and requested a stay of the suspension pending the disposition of outstanding criminal charges.

The Ontario Racing Commission found that the applicant demonstrated serious financial hardship resulting from his inability to own horses.

The panel concluded that the balance of convenience favoured granting a stay and that it was not contrary to the best interests of racing.

A stay of the owner's suspension was granted for six months, after which the matter would be reassessed.

The appellant, a standardbred licensee, sought a stay of a one-year suspension and retraining requirement imposed for horse welfare and integrity violations, pending his appeal.

The Ontario Racing Commission denied the motion, finding that the appellant failed to demonstrate extraordinary circumstances or a serious mitigating factor.

The Commission held that the balance of convenience and the public interest in protecting the health and welfare of horses strongly favoured denying the stay.

The licensee appealed a penalty of a 10-day driving suspension (with 3 days stayed) and two years' probation for failing to attend a hearing pursuant to a Summons to a Witness.

The Ontario Racing Commission denied the appeal but modified the penalty to a $500 fine, an 8-day driving suspension (with 3 days stayed), and two years' probation, noting the importance of deterrence and the licensee's failure to provide a valid reason for his absence.

The licensee appealed a 1-year suspension and $6,000 fine imposed for a Class II positive for Ephedrine.

The Administration of the ORC sought an abridged penalty of 90 days and a $3,000 fine, noting that Ephedrine positives have been treated as Class III.

The Commission allowed the appeal in part, reducing the penalty to a 90-day suspension (with 30 days stayed), a $2,000 fine, and a two-year probation, emphasizing the trainer's responsibility to know the contents of administered products.

The appellant jockey appealed two Stewards' rulings that each imposed a 3-day riding suspension for interference during thoroughbred races.

At the hearing before the Ontario Racing Commission, the appellant requested to withdraw his appeals.

The Panel granted the request, assessed $200 in costs for dropping the appeals after the Commission had expended resources preparing for the hearing, and ordered that the two 3-day suspensions be served when the appellant is re-licensed in the 2013 racing season.

The appellant, a standardbred licensee, appealed a 5-day driving suspension for causing interference in a race.

At the hearing, the appellant's representative requested that the appeal be withdrawn.

The Ontario Racing Commission granted the request, ordered the appellant to serve the 5-day suspension, and assessed $100 in costs against the appellant for dropping the appeal after the Commission had expended resources preparing for the hearing.

Four licensed horse trainers appealed rulings by the Stewards that imposed 15-day suspensions, $1,000 fines, and purse redistributions for violations of the Rules of Thoroughbred Racing.

Following a pre-hearing conference, the parties presented a joint submission on disposition.

The Ontario Racing Commission accepted the joint submission, ordering each appellant to pay a reduced fine of $900, while confirming the unplacing of the horses and the purse redistributions.

The appellant, a licensed standardbred owner and trainer, appealed the penalty imposed after his horse tested positive for furosemide (Lasix) following a race.

The appellant argued that the positive test resulted from a faulty perivascular injection by a veterinary technician, which caused a longer elimination time for the drug.

The Panel found that the appellant demonstrated due diligence, albeit with some limitations, and accepted veterinary evidence supporting the perivascular injection theory.

The appeal was denied, but the penalty was varied by upholding the 7-day suspension while waiving the $500 fine.

The licensee appealed a three-day riding suspension issued by the Stewards for causing interference during a race.

At the hearing, the licensee's agent requested to withdraw the appeal.

The Ontario Racing Commission granted the request, ordered the suspension to be served, and assessed $250 in costs against the licensee for withdrawing the appeal after the Commission had expended resources preparing for the hearing.

The appellant, a standardbred licensee, appealed a 3-day driving suspension issued by the Judges for causing confusion or interference among trailing horses during a race.

The Ontario Racing Commission panel reviewed the video evidence and heard testimony from the Judges and other drivers.

The panel found that the appellant's sudden slowdown caused confusion and endangered other participants, violating the rules.

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

The appellant, a standardbred licensee, appealed a judges' ruling that placed his horse on the judges' list for performance and deemed it dangerous.

At the hearing, the appellant requested to withdraw his appeal.

The Ontario Racing Commission granted the request to withdraw and assessed costs of $100 against the appellant.

The licensee appealed a $200 fine issued by the Judges for failing to come into position on the starting gate with his horse.

At the hearing, the licensee requested to withdraw his appeal.

The panel granted the request to withdraw, confirming that the original $200 fine stands, and assessed no costs.

The appellant, a standardbred licensee, appealed a ruling prohibiting him from participating in any activity regulated by the Ontario Racing Commission.

Prior to the hearing, the appellant sought to withdraw his appeal and agreed to pay costs of $650.

The Commission convened a teleconference, accepted the withdrawal of the appeal, and ordered the appellant to pay $650 in costs.

The appellant, a thoroughbred licensee, appealed a 10-day riding suspension issued by the Stewards for causing interference during a race.

The appellant failed to appear at the scheduled hearing before the Ontario Racing Commission.

The appeal was dismissed due to the failure to appear, and the appellant was ordered to serve the suspension at the beginning of the upcoming racing season.

The appellant appealed a Stewards' Ruling that rendered her ineligible to be licensed as a Thoroughbred Trainer until she obtained approval from the HBPA, after she failed the HBPA Thoroughbred Trainer's Test.

The Administration of the ORC brought a preliminary motion to dismiss the appeal for lack of jurisdiction.

The Panel granted the motion, finding that the ORC does not have jurisdiction to review the test results absent evidence that the test or its standards are unreasonable, and that failing the test does not meet the standard for an appeal.