Ontario Racing Commission

The applicant raceway appealed a decision by the Deputy Director of the Ontario Racing Commission declining its application to vacate race dates in June and early October and apply them over the winter months.

The Commission allowed the appeal, finding that the applicant had successfully followed Policy Directive No. 3-2007.

The applicant's amended application for 130 race dates in 2010 was approved, noting the support of other regional raceways and the Ontario Harness Horse Association.

Windsor Raceway appealed a decision of the Deputy Director of the Ontario Racing Commission denying its revised 2010 live race date application.

The application proposed 86 race days with 25 race programs carded as doubleheaders, effectively reducing the number of race days.

The Commission had previously issued a moratorium on race date reductions for 2010.

The Panel found the Deputy Director's ruling reasonable, as the proposed change was substantial and violated the intent of the moratorium.

The appeal was denied.

Sudbury Downs appealed a Notice of Decision issued by the Deputy Director that declined to approve its application to shut down racing for eight weeks and reallocate race dates within a shortened season.

The Ontario Racing Commission panel heard evidence and submissions from the Administration, Sudbury Downs, and the Northern Horsemen's Association.

The panel denied the appeal, with written reasons to follow.

The appellant, a licensed jockey, appealed a penalty of a 25-day suspension and a $2,500 fine imposed by the Stewards for gross and unsportsmanlike conduct following a race where he was unseated.

The appellant directed vulgar and degrading comments at another jockey in public and in the jockeys' quarters.

The Ontario Racing Commission varied the penalty, upholding the 25-day suspension but staying 18 days on conditions, and increasing the fine to $4,000, noting the appellant's remorse and apology as mitigating factors.

The licensee, a jockey, appealed a three-day suspension for interference during a horse race.

The licensee admitted to the interference but appealed the penalty.

The Ontario Racing Commission upheld the three-day suspension, finding it consistent with precedent.

The Commission also found the appeal to be frivolous, as the licensee admitted the offence and offered no new material evidence or mitigating factors, and imposed a $750 fine.

The appellant, a standardbred driver, trainer, and owner, appealed a suspension and fine imposed after a positive drug test that violated his probation order and post-violation agreement.

The Ontario Racing Commission ordered a six-month suspension, a $2,000 fine, and mandatory enrollment in a substance abuse program.

The appellant must meet strict conditions, including a negative return-to-duty test and ongoing random testing, before being eligible for relicensing.

The appellant, a standardbred driver/trainer, appealed a ruling that suspended him for 8 days and fined him $2,500 for misleading Commission legal counsel and failing to attend a hearing pursuant to a summons.

The appellant admitted to the transgressions but cited personal difficulties and a medical procedure as mitigating factors.

The Ontario Racing Commission denied the appeal but varied the penalty, reducing the suspension to 3 days and the total fine to $1,250, applying the principles of sentencing from the Criminal Code.

The appellant, a licensed jockey, tested positive for cocaine for a second time within twelve months and was suspended.

He applied for a reinstatement hearing after providing a negative test result.

The Ontario Racing Commission ruled that the appellant would be eligible for reinstatement upon successful completion of his after care program, provided he also submits proof of regular participation in a support group, having a sponsor, and involvement with his church group.

The Administration was authorized to attach further conditions to his license upon reinstatement.

The Ontario Harness Horse Association (OHHA) sought a hearing before the Ontario Racing Commission (ORC) regarding its status as the exclusive bargaining agent for horse people at Woodbine Entertainment Group (WEG) tracks, challenging a new agreement between WEG and the Central Ontario Standardbred Association (COSA).

WEG brought a preliminary motion arguing the ORC lacked jurisdiction to hear the matter.

The ORC granted WEG's motion, finding that the dispute was a private commercial contract issue between a track operator and trade associations, not primarily a matter of racing.

The ORC concluded it had no statutory authority or public interest mandate to intervene in complex commercial disputes or to act as a civil court.

The licensee, a jockey, appealed a seven-day suspension imposed by the Thoroughbred Industry Appeal Board for careless riding and interference that caused another jockey to be unseated and severely injured.

The panel found that the other jockey had established her position and that the licensee closed the hole, causing the horses to clip heels.

The panel concluded that the licensee's actions were unsafe and careless, violating Thoroughbred Rules 9.25, 11.07, and 11.09.03.

The appeal was denied and the penalty was upheld.

The licensee appealed a ruling of the track Judges imposing a $500 fine and a 3-day driving suspension for using his whip in a blatant and exaggerated manner.

The licensee failed to attend the de novo hearing before the Ontario Racing Commission.

The Commission denied the appeal, upholding the original penalty, and assessed an additional $1,500 fine against the licensee for bringing a frivolous appeal and abusing the process.

The appellant, a licensed Standardbred driver/trainer/owner, appealed a $500 penalty imposed by track judges for failing to notify of the death of her racehorse.

The parties reached a resolution agreement restricting the appeal to penalty only.

The Ontario Racing Commission accepted the joint submission, upholding the $500 fine but staying $300 of it for a period of one year due to mitigating factors including the tragic circumstances of the horse's death and the appellant's financial situation.

The appellant, a licensed driver/trainer/owner, requested a hearing after a horse he trained tested positive for Darbepoetin-Alpha (Aranesp) during out-of-competition testing.

The Executive Director of the Ontario Racing Commission had proposed a 12-year suspension and a $40,000 fine.

At the hearing, the parties presented a joint resolution agreement.

The Commission accepted the agreement, imposing a 12-year suspension and a reduced fine of $25,000, noting the appellant's lower level of industry involvement compared to previous cases.

The appellant, a thoroughbred licensee, appealed the Director's decision denying a stay of a 90-day suspension for the horse Hollywood Hit.

The suspension was issued after a positive test for the Class III drug acepromazine.

The appellant argued the stay should be granted until a split sample retest result was available.

The Commission denied the appeal, finding that the positive test triggered an absolute liability offence under the owner responsibility rules, and no exceptional or mitigating factors were demonstrated to justify a stay.

The appellant, an official clocker, appealed a 30-day suspension imposed by the Stewards for allegedly altering a workout time to make a horse eligible to race.

The Ontario Racing Commission panel found that the appellant corrected a timing error in good faith, consistent with established clocking protocols, and without knowledge of the horse's eligibility requirements.

The panel concluded there was no evidence of an integrity breach or willful wrongdoing.

The appeal was allowed and the suspension rescinded.

The appellant, a thoroughbred licensee, appealed the Executive Director's denial of a stay of a Stewards' ruling.

The ruling rendered the horse Hollywood Hit ineligible to race in Ontario for 90 days following a positive test for acepromazine.

The Ontario Racing Commission panel denied the appeal, with written reasons to follow.

The Standardbred licensee appealed an Order of Immediate Suspension and Notice of Proposed Order suspending his license for 10 years and fining him $40,000 after one of his horses tested positive for Darbepoetin-alpha (DPO).

The appellant challenged the scientific and forensic validity of the testing methodology used by the Pennsylvania Equine Toxicology & Research Laboratory (PETRL).

The Ontario Racing Commission panel found the PETRL methodology to be scientifically and forensically valid, confirmed the 10-year suspension, and increased the fine to $60,000 due to the horse's high racing status and earnings.

The appellant, a licensed veterinarian, appealed an Order of Immediate Suspension and a Notice of Proposed Order suspending his licence for 12 years and imposing a $50,000 fine for prescribing Aranesp (EPO/DPO) to racehorses.

The Ontario Racing Commission found that the appellant breached multiple rules and the Veterinarians Act by prescribing the illegal, non-therapeutic drug without examining the horses or determining if other drugs were being administered.

The Commission denied the appeal but varied the penalty to a 10-year suspension and a $40,000 fine, consistent with the Penalty Guidelines for Equine Drug Offences.

The appellant, a standardbred licensee and trainer, appealed the penalty imposed after his horse tested positive for the Class II drug Reserpine.

The initial penalty was a six-month suspension and a $3,000 fine.

The Commission considered mitigating factors, including the appellant's clear record, the therapeutic intent of the administration, and financial hardship.

The Commission reduced the fine to $1,500 and stayed the unexpired portion of the suspension, noting the principles of penalty assessment and the appellant's ability to pay.

The applicant, a thoroughbred licensee, applied for a reinstatement hearing after his licence expired following a suspension for a positive drug test.

The Ontario Racing Commission granted the applicant a tradesperson's licence subject to conditions, including the repayment of $765 outstanding to the Commission, entering into a 12-month post-violation agreement, and submitting to random testing.

The applicant was also permitted to apply for reinstatement as a groom, assistant trainer, or trainer within six months, provided he secures an employer.