ORC 2013

The appellant, a harness racing driver, appealed a ruling for being late to the post parade.

He argued there were extenuating circumstances involving an ill horse in a prior race.

The Commission denied the appeal, finding that the appellant had an obligation under the rules to notify the judges if he needed more time, which he failed to do.

The appellant, Jamie Wilson, appealed against Ruling Number SB 42/2013 and requested a stay pending the appeal.

The Chair of the Ontario Racing Commission denied the request for a stay but expedited the scheduling of the appeal hearing to a date shortly after the present hearing.

The Chair also indicated that the Administration would bring forward some of the issues raised by the appellant to the full Board of the Commission.

The appellant, a standardbred licensee, requested a stay of a ruling that immediately suspended her pending an investigation.

Less than 24 hours before the scheduled hearing, she requested to withdraw her appeal.

The Ontario Racing Commission granted the withdrawal request but assessed $1,500 in costs against the appellant pursuant to Policy Directive No. 3-2010, to cover preparation and hearing costs incurred by the Commission.

The licensee brought a motion by electronic mail for an adjournment of a hearing scheduled for April 22, 2013.

The Vice Chair of the Ontario Racing Commission granted the adjournment and ordered that the stay of penalty previously granted continue upon the same conditions until the completion of the hearing or further order.

The licensee, a standardbred trainer, appealed a penalty imposed after a horse he trained tested positive for codeine and morphine.

The licensee brought a motion for third-party disclosure from the Canadian Pari-Mutuel Agency regarding the urine collection procedures and records of the Chief Test Inspector.

The Ontario Racing Commission granted the motion, finding a reasonable possibility that the requested information was relevant to advancing a defence or meeting the Administration's case.

The appellant appealed a ruling finding he violated standardbred racing urging rules by raising his hand above his head during a race.

The Ontario Racing Commission panel denied the appeal, finding the video and testimony supported the violation on a balance of probabilities.

The panel varied the penalty to a $300 fine and a 7-day driving suspension.

The appellant, a standardbred licensee and trainer, appealed a 270-day suspension and $3,000 fine issued after his horse tested positive for the Class II drug Aminorex.

The appellant did not contest the positive test but argued he exercised due diligence.

The Ontario Racing Commission found that the appellant met the standard of reasonable care on a balance of probabilities, noting his security measures, use of a licensed veterinarian, and cooperation.

The appeal was denied, but the penalty was varied: the remaining suspension and fine were stayed, while a two-year probation order continued.

The appellant, a thoroughbred licensee, appealed the Director's decision declining to suspend another licensee for financial irresponsibility.

The appellant subsequently withdrew her appeal.

The Ontario Racing Commission allowed the withdrawal and ordered the appellant to pay $2,124.20 in costs to the Administration of the ORC, finding that while the appeal was not frivolous, the costs requested were reasonable under Policy Directive No. 3-2010.

The appellant, a thoroughbred licensee, was suspended and fined by the Stewards for a positive drug test.

He appealed and requested a stay, which was denied.

He then appealed the denial of the stay but subsequently sought to withdraw that appeal.

The Ontario Racing Commission allowed the withdrawal of the appeal and ordered the appellant to pay $400 in costs to the Administration.

The appellant appealed the decision of the Ontario Sires Stakes Program Administrator refusing his application for an exemption due to a missed deadline.

The appellant had been granted an extension but still failed to file within the extended timeframe.

The Ontario Racing Commission denied the appeal, finding no extenuating circumstances to justify the delay and noting that granting an exemption would create an unlevel playing field for other compliant participants.

The appellant, a standardbred licensee, appealed a $500 fine and a 15-day driving suspension imposed by the Judges.

On the scheduled hearing date, the appellant was unable to attend due to injuries suffered in a racing accident the previous day.

The Ontario Racing Commission granted an adjournment sine die to a date to be determined.

The appellant appealed against a Standardbred Official Ruling to the Ontario Racing Commission.

The Commission dismissed the appeal but granted a two-week extension of the stay to allow the appellant to submit required documents to the Commission for review by the Deputy Director.

The appellant, a licensed horse trainer, appealed a one-year suspension, $5,000 fine, and two years' probation imposed after his horse tested positive for Ethanol, a Class II prohibited substance.

The appellant admitted to injecting the horse with vodka prior to a race to calm it down, but argued he was unaware of a recent notice regarding Ethanol testing and sought a reduced penalty based on a prior case involving procedural irregularities.

The Ontario Racing Commission denied the appeal, finding that Ethanol had been a prohibited substance since 2008, the appellant failed to exercise due diligence by administering an unapproved substance without veterinary advice, and there were no compelling reasons to vary the minimum penalty.

The appellant, a standardbred licensee and trainer, appealed an official ruling that placed his horse from 4th to 6th position for causing interference while off stride.

The Ontario Racing Commission panel found that the horse failed to lose ground and impeded another horse.

The panel deferred to the judges' opinion that the interference affected the outcome of the race for the other placings.

The appeal was denied and the placing stood.

The licensee appealed a $1,000 fine and 15-day suspension imposed for violating rules regarding unlabelled drugs and a probation order.

At the hearing, the licensee's agent withdrew the appeal.

The Panel accepted the withdrawal, revived the original penalty, and awarded $500 in costs to the Administration of the Ontario Racing Commission due to the late withdrawal.

Two standardbred trainers appealed the 90-day suspensions imposed on their horses under the Owner Responsibility Rule after the horses tested positive for Ractopamine.

The positive tests were traced to contaminated feed, and the trainers were absolved of responsibility.

The Ontario Racing Commission denied the appeal but varied the penalty, staying the remaining time of the suspension.

The Commission held that while the 90-day rule is absolute, it is fair to stay the penalty when all connections to the horse are held blameless, provided the drug has cleared the horse's system.

The appellant, a thoroughbred licensee, appealed a ruling imposing a 60-day suspension, a $1,500 fine, and a two-year probation for a positive drug test for Acepromazine.

The appellant initially requested a stay, which was denied, and appealed the denial before withdrawing that appeal.

The Ontario Racing Commission allowed the withdrawal and ordered the appellant to pay $575 in costs.

Subsequently, the Commission heard the main appeal and approved an Agreed Statement of Facts and Joint Submission on Disposition.