ORC 2016

The Ontario Harness Horse Association and Central Ontario Standardbred Association appealed an order of the executive director.

The Ontario Racing Commission panel issued procedural directions for an upcoming hearing, including notifying other industry parties to determine their participation.

The panel also scheduled a motion to quash a subpoena and ordered that the executive director's January 7, 2016 order be stayed until the conclusion of the hearing relating to the SRA funds.

The appellant, a standardbred horse trainer, appealed penalties imposed after a horse he trained tested positive for Minoxidil, a Class III drug.

The drug was traced to the horse's owner, who used Rogaine and frequently interacted with the horse.

The panel found the appellant established due diligence, as the contamination was accidental and not readily discoverable.

Consequently, the panel reduced the penalty to a non-oppressive $300 fine and set aside the suspension.

However, the panel declined to waive the absolute liability rule breach, finding no exceptional circumstances to justify doing so.

The appellant, a thoroughbred racehorse trainer, appealed a positive test result and penalties imposed by the Stewards after his horse tested positive for Levamisole and Pemoline.

The appellant had administered a compounded medication containing Levamisole on the advice of his veterinarian for a legitimate therapeutic purpose, adhering to the recommended withdrawal time.

The Ontario Racing Commission panel found that while the positive test was proven as an absolute liability offence and a waiver of the breach was not appropriate, the appellant had established due diligence.

Considering the mitigating factors, including the appellant's excellent reputation and lack of intent to gain an unfair advantage, the panel allowed the appeal in part, reducing the penalty to a $1,000 fine and setting aside the suspension.

The appellant appealed a three-day driving suspension for interference during a harness race.

The Ontario Racing Commission found that while interference occurred, it was not intentional and the other driver was able to protect his horse.

The Commission denied the appeal but varied the penalty, reducing the suspension from three days to one day.

The appellant appealed a decision regarding the transfer of a racehorse, PASSION QUIZRACE, to her as the trainer.

The Administration had concerns about an indirect transfer from a suspended trainer, the appellant's mother.

The panel found no evidence that the suspended trainer was involved in the appellant's training operations and noted the appellant had successfully raced the horse multiple times since the initial transfer.

The appeal was allowed, and the trainer transfer was approved subject to conditions, including allowing visitations by investigators until the appellant receives her A licence.

The appellant, a licensed horse trainer, appealed penalties imposed after two of her horses tested positive for Levamisole and cocaine metabolites.

The Ontario Racing Commission found that the appellant failed to exercise due diligence prior to the first positive test, noting lax stable management and missing drug labels.

The panel allowed the appeal in part, reducing the fines to $1,500, imposing a full suspension until July 1, 2016, and ordering two years of probation upon the renewal of her licence.

The appellant appealed a penalty imposed for a positive test in a horse racing matter.

During the hearing, the Ontario Racing Commission panel adjourned the matter to April 13 and 15, 2016, due to timing issues.

The panel extended the stay of the appellant's penalty until April 16, 2016, noting that if successful on a due diligence defence, the appellant would be entitled to no suspension and a non-oppressive fine.

The continuation of the hearing was marked peremptory upon the appellant.

The appellant appealed the Director's proposal to refuse his application for a horse racing licence.

The appellant had a criminal record, including being on the sex offender registry for life and subject to a 20-year prohibition from attending areas where persons under 16 are present.

The Commission found that the appellant failed to fully and accurately disclose his record on his application forms, demonstrating a lack of integrity and honesty.

The appeal was denied and the refusal of the licence was confirmed.

The Appellants, a Thoroughbred Licensee and a Quarter Horse Licensee, appealed against rulings of the Ontario Racing Commission.

Following a hearing, the Commission ordered that the purse funds would not be paid to the Appellants but would be redistributed.

The Appellants were directed to return any held purse funds to the respective racetrack for redistribution, failing which they would not be licensed by the Commission.

Two horse trainers appealed suspensions and fines imposed after their horses tested positive for trace amounts of methamphetamine.

The Ontario Racing Commission heard expert evidence that the extremely low levels of the drug were the result of environmental contamination, not administration, and would not enhance performance.

The Commission waived the absolute liability rule for positive tests, finding that penalizing the trainers for unavoidable environmental contamination would be unjust and contrary to the public interest.

The appeals were allowed and the penalties set aside.

The appellant, a licensed thoroughbred horse trainer, appealed a Stewards' decision imposing a 60-day suspension and a $1,500 fine after his horse tested positive for excessive TCO2 levels.

The appellant argued that his Charter rights were breached and that he was denied procedural fairness because of a delay in releasing the residue blood sample for independent ion concentration testing, which he claimed could have exonerated him.

The Ontario Racing Commission dismissed the appeal, finding that the economic sanctions did not engage Section 7 of the Charter.

The Commission also held that the delay in releasing the sample was not inordinate or oppressive, and the appellant was not significantly prejudiced, as the sample ultimately lacked sufficient plasma for the requested test.

The Stewards' penalty was affirmed.

The appellant, a licensed trainer, appealed a ruling that placed his horse on the judges' list and made it ineligible to race for 90 days following a positive test for minoxidil.

The parties presented a joint submission to vary the dates of the horse's ineligibility and restore the result of a recent qualifier.

The Commission found the joint submission fair and reasonable, accepted it, and varied the ruling accordingly.

The appellant, a licensed Standardbred trainer, appealed a ruling denying his request for a stay of his licence suspension pending a full appeal.

The suspension was imposed after he failed a breathalyzer test at the racetrack, registering a blood alcohol content over three times the limit.

Applying the three-part test for a stay, the Commission found no serious issue to be tried, that the harm to the appellant was not irreparable, and that the balance of convenience favoured protecting the public interest and the integrity of racing.

The appeal was dismissed.

The appellant appealed a Notice of Proposed Order to Refuse to Renew his Licence.

The Ontario Racing Commission previously denied the appeal and confirmed the refusal.

In this decision regarding penalty, the Commission ordered that pursuant to the Racing Commission Act, the appellant may not apply for a licence for two years from the date of the refusal.