ORC 2012

The appellant appealed a decision of the Director of the Ontario Racing Commission refusing to grant him a Standardbred Licence.

The appeal was filed 57 days after the 15-day statutory deadline.

The appellant argued financial hardship as the reason for the delay.

The Panel dismissed the appeal, finding it lacked jurisdiction and that the appellant failed to provide cogent evidence of extraordinary circumstances to justify an exception to the rules.

The appellant, a standardbred licensee, appealed a 10-day driving suspension and a $300 fine for an urging violation after welts were found on his horse following a race.

The Ontario Racing Commission denied the appeal, finding that the appellant violated the urging rules by moving his hand holds back to put extra bite into his whipping action, causing welts on the horse.

The panel increased the driving suspension to 12 days while maintaining the $300 fine, citing the appellant's refusal to accept responsibility and the Commission's mandate to protect the health and welfare of horses.

The appellant, a standardbred licensee, appealed a $500 fine for supplying unprescribed medications to another participant's horse without seeing the animal or consulting a veterinarian.

The Ontario Racing Commission found that while the appellant's actions violated the rules regarding prescription drugs, his motivation to help a friend constituted a mitigating circumstance.

The appeal was denied, but the fine was reduced to $200.

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

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

The appeal was denied due to the appellant's non-appearance.

The Commission ordered that the appellant must appear before the Stewards before being re-licensed in Ontario and must serve his three-day suspension at that time.

The Fort Erie Live Racing Consortium appealed the Director's denial of its request to distribute underpayment to owners, trainers, and jockeys based on their purse earnings.

Prior to the hearing, the appellant notified the Ontario Racing Commission of its intention to withdraw the appeal.

The Commission confirmed the withdrawal and ordered the appellant to pay $400 in costs to the Administration of the ORC pursuant to Policy Directive No. 3-2010 for dropping the appeal after resources were expended.

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

The Ontario Racing Commission held a hearing de novo and reviewed video evidence and witness testimony.

The Commission found that the appellant came out late and caused interference, prompting another driver to pull over and go behind him.

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

The appellant, a standardbred licensee, appealed a ruling that prohibited her from racing horses she owned against horses owned or trained by her partner of 15 years.

The Ontario Racing Commission found that the appellant failed to prove she had an independent business operation from her partner.

The Commission held that allowing them to race against each other without independent operations would be akin to running an undisclosed entry, which is detrimental to the public perception of honesty and integrity in racing.

The appeal was denied.

The licensee appealed a 60-day suspension and $1,500 fine imposed for a positive TC02 test on a horse.

Less than 48 hours before the scheduled hearing, the licensee withdrew the appeal.

The Ontario Racing Commission accepted the withdrawal but ordered the licensee to pay $1,500 in costs pursuant to Policy Directive No. 3-2010, noting the late withdrawal and the need to use Commission resources diligently.

The licensee appealed a Stewards' ruling that imposed a $500 fine and a three-day riding suspension for excessive use of his crop during a race.

The Ontario Racing Commission denied the appeal, finding the video evidence clearly showed the violation.

The Commission upheld the original penalty and assessed an additional $300 in costs against the licensee for bringing a frivolous appeal.

The licensee requested an adjournment of three scheduled appeal hearings.

The licensee did not attend the adjournment hearing but submitted a request via facsimile through a representative.

The Ontario Racing Commission denied the request for an adjournment, ordered the hearings to proceed as scheduled, and ordered the licensee to pay $500 in costs forthwith.

The appellant jockey appealed a $200 fine issued by the Stewards for indiscriminate use of the crop during a race.

At the hearing, the appellant admitted to hitting another horse in the head with his crop.

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the appellant violated the Rules of Thoroughbred Racing.

The $200 fine was upheld to protect the welfare of the horse and the public interest.

The applicant, a thoroughbred jockey, appealed a 2000 ruling that set conditions for the reinstatement of his jockey's licence.

He submitted an application for a thoroughbred jockey licence, claiming he had fulfilled the conditions.

The Ontario Racing Commission panel granted the applicant a jockey's licence restricted to Quarter Horse racing only.

The applicant, a licensed jockey, applied for reinstatement of his license after being suspended for breaching a Post Violation Agreement (PVA) related to substance abuse.

The Ontario Racing Commission ordered that the applicant pay outstanding invoices, serve a further three-month suspension, and subsequently be eligible for an exercise rider license for two months.

Prior to full reinstatement, the applicant must enter into a new three-year PVA, with a mandatory five-year suspension if he fails a future alcohol or drug test.

The licensee appealed a 10-day driving suspension and two years' probation for failing to attend a hearing.

At the hearing, the unrepresented licensee requested an adjournment to accommodate counsel.

The Chair granted the adjournment despite noting the unreasonable delay in retaining a representative, and peremptorily set the hearing for June 19, 2012.

The licensee appealed a $500 fine imposed by the Judges for failing to inform the Director of the death of a horse.

At the continuation of the hearing, the licensee's agent advised that no new evidence could be obtained to support the appeal.

The Ontario Racing Commission denied the appeal and confirmed the $500 fine.

The appellant, a standardbred licensee, appealed a Judges' Ruling ordering him to refrain from warming up horses at racetracks where his spouse is employed as a paddock judge, other than horses trained by his regular employer.

The Ontario Racing Commission dismissed the appeal, finding that allowing the appellant to warm up horses for other licensees while his wife acted as an official created a pecuniary conflict of interest and a perception of preferential treatment.

The appellant, a quarter horse licensee, appealed a Stewards' ruling that fined him $300 for aggressive use of his crop during a race.

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

The Ontario Racing Commission granted the request but, pursuant to Policy Directive 3/2010, assessed $50 in costs against the appellant for the administrative resources expended prior to the withdrawal.

The original $300 fine remained payable.

The licensee appealed a $300 fine and 10-day driving suspension for leaving a welt on a horse due to his urging actions.

The Ontario Racing Commission denied the appeal, finding the evidence supported the violation.

The Commission also found the appeal to be frivolous, increasing the penalty to a $500 fine and a 12-day suspension.

The Administration of the Ontario Racing Commission appealed a Standardbred Official Ruling issued to Gordon McDonnell.

Prior to the hearing, the Administration requested to withdraw its appeal on the basis of procedural irregularities.

The Panel accepted the request and ordered the appeal withdrawn.

The appellant, a standardbred licensee, appealed a decision of the Judges imposing a $1,000 fine and a 60-day suspension for possessing a stolen race bike, in violation of the Rules of Standardbred Racing.

The Ontario Racing Commission denied the appeal, finding the appellant in violation of the rules for conduct injurious to racing.

The Commission determined the original penalty was lenient and increased the fine to $2,000 and the suspension to 120 days, along with a two-year probation period.