Ontario Racing Commission

The appellants, a thoroughbred jockey and an owner/trainer, appealed a Stewards' ruling that disqualified their horse from first to last place and suspended the jockey for three days for causing interference during a race.

The Ontario Racing Commission dismissed the appeals, finding that the jockey failed to check behind him before moving inside on a turn, thereby impeding other horses.

The Commission upheld the violations of Rules 11.07 and 11.09.01, the suspension, and the disqualification.

A thoroughbred trainer appealed a Stewards' ruling that found him in violation of racing rules after his horse tested positive for Flunixin, a Class IV drug.

The trainer argued that a veterinary technician mistakenly administered Flunixin instead of the requested calcium gluconate.

The Commission dismissed the appeal on liability, finding that the trainer failed to establish a due diligence defence on a balance of probabilities, particularly given the lack of evidence regarding other injections and inadequate record-keeping.

However, the Commission varied the penalty, eliminating the $1,000 fine and reducing the suspension to 10 racing days.

Thoroughbred jockey Dino Luciani and trainer Justin Nixon appealed a Stewards' ruling that imposed a three-day riding suspension and disqualified their horse from first to fourth place for interference during a race.

The Ontario Racing Commission found that the jockey deliberately bumped another horse to create a path, violating racing rules.

The appeals were dismissed, and the suspension and disqualification were upheld.

The appellant, a standardbred owner and trainer, appealed to the Ontario Racing Commission regarding a violation of the Rules of Standardbred Racing.

The parties presented a joint submission on penalty.

The Commission accepted the joint submission, imposing a four-month full suspension of the appellant's licences, followed by a one-year probation period requiring attendance at AA meetings and submission to random drug testing.

The appellant, a thoroughbred licensee and trainer, appealed the decision of the Ontario Racing Industry Board of Appeal upholding the Stewards' disqualification of his horse from second to fifth place due to interference during a race.

The appellant argued that another horse caused the interference by taking away running room.

The Ontario Racing Commission dismissed the appeal, finding that the appellant's horse shied, causing the immediate interference, and that the other horse maintained a permissible path.

The Stewards' decision was upheld.

Standardbred licensee Darrell Coville appeared before the Ontario Racing Commission following a second positive test for cocaine within a 24-month period.

The Commission accepted the Administration's recommended penalty, imposing a four-month suspension, mandatory completion of an addiction treatment program, and a one-year probationary period with random drug testing.

The Commission emphasized its strict policy against cocaine use in horse racing.

Standardbred licensee Simon Allard appealed a one-year suspension and $10,000 fine resulting from a positive test for a class III substance.

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

Upon motion by the Administration, the panel dismissed the appeal as abandoned.

The appellant, a standardbred owner/driver/trainer, appealed a ruling that fined him $5,000 and suspended him for one year after his horse tested positive for caffeine, theophylline, and theobromine.

The Ontario Racing Commission dismissed the appeal, finding that the appellant administered a human-consumption product to the horse four hours before the race to enhance performance without researching it or consulting a veterinarian.

The panel concluded the appellant failed to demonstrate due diligence.

The licensee was required to appear before the Commission for a second positive test for cocaine and filed a Notice of Appeal.

At the hearing, the licensee advised of his intention to challenge the positive test result.

The Commission ordered the hearing adjourned to allow the Administration to obtain documentary disclosure and arrange witnesses.

The Commission also ordered the licensee's license restored to active status pending the commencement of the hearing.

The licensee requested a hearing regarding a notice of proposed order by the Director to revoke his standardbred and thoroughbred owner licenses.

The Administration presented wiretap and documentary evidence connecting the licensee to an illegal sports betting operation.

The licensee did not testify to rebut the evidence.

The Commission found reasonable grounds to believe the licensee would not act in accordance with the law, honesty, or integrity, and ordered the revocation of his licenses.

The appellant, a racing association official, appealed a $500 fine imposed by the Stewards for failing to comply with a Steward's direction.

The dispute arose when the appellant instructed his staff to pull the entry of a horse that was on the veterinarian's list and therefore ineligible to race, contrary to the Steward's instruction to leave the entry in until the Board of Stewards could rule on it.

The Panel found that the horse was clearly ineligible and the trainer agreed, meaning there was no dispute for the Board to resolve.

Given the appellant's blemish-free record and the circumstances, the appeal was allowed.

The moving party, an owner of a horse that participated in the Maple Leaf Trot, brought a motion seeking an order to re-run the race or for compensation due to a starter error.

The starter had mistakenly flashed recall lights but let the race proceed, causing some drivers to take hold of their horses.

The Commission determined it had jurisdiction to order a re-run and to refund entry fees, but not to assess damages for lost purse opportunities.

However, the Commission declined to exercise its jurisdiction to hold a hearing for the requested relief, finding it contrary to the public interest and unfair to other participants who had already competed.

Windsor Raceway Inc. applied to the Ontario Racing Commission for 125 live race dates and 364 simulcast dates for the 2006 season.

The Ontario Harness Horse Association made submissions advocating for more summer racing dates.

The Commission conditionally approved the application, ordering the applicant to submit a revised schedule adding a minimum of six live race dates to address concerns about the reduction in racing opportunities.

The Ontario Racing Commission reconvened a hearing regarding an application by Windsor Raceway Inc. for 2006 race dates.

The Commission had previously approved 125 race dates conditional upon the addition of a minimum of six days.

The applicant submitted a revised application for six additional dates, which the Commission approved, bringing the total to 131 approved race dates for Windsor Raceway.

The applicant, 405730 Ontario Ltd. (New Hiawatha Horse Park), applied for 52 live race dates and 364 simulcast race dates for the 2006 season.

The Ontario Harness Horse Association suggested a 70-date schedule.

The Ontario Racing Commission approved the application as submitted, noting the track's financial challenges including a significant property tax increase.

The Commission ordered the applicant to file a revised application adding dates if its property tax appeal is successful.

The licensee, a standardbred driver and trainer, tested positive for THC.

The Ontario Racing Commission suspended his driver's licence for three months and his trainer's licence for approximately two months.

The Commission also imposed an 18-month probation period, requiring the licensee to attend a rehabilitation program and submit to random drug testing, emphasizing the safety risks of driving under the influence of drugs.

The appellants, a jockey and an owner, appealed a Stewards' Ruling that suspended the jockey for three days for interference and disqualified their horse from first to sixth place.

The Ontario Racing Commission dismissed the appeal, finding that the jockey made an error in judgment by moving into the rail lane and failing to give another rider enough room.

The three-day suspension and the placing of the horse were upheld.

The appellant appealed a ruling and requested a hearing regarding a proposed order to suspend his standardbred license for one year or until a US criminal indictment against him was resolved.

The Ontario Racing Commission upheld the proposed order, finding the Director had reasonable grounds to conclude the appellant would not act with honesty and integrity in the public interest, given the charges related to ephedrine and the use of a barn for its storage.

Thoroughbred jockey Eldridge Lindsay appealed a 3-day suspension for interference and careless riding.

The Ontario Racing Commission Panel found that the jockey took appropriate and expected steps to prevent his horse from bearing in and interfering with another horse.

The Panel allowed the appeal and removed the suspension, but upheld the disqualification and placement of the horse.

Thoroughbred Jockey Constant Montpellier appealed a 5-day suspension for careless riding and interference during a race.

The Ontario Racing Commission panel reviewed the evidence, including testimony and videotape, and found that the appellant deliberately brought his horse into the path of another horse to interfere and intimidate.

The panel dismissed the appeal and upheld the suspension, noting that such deliberate actions could cause a real accident.