Ontario Racing Commission

The licensee appealed the penalty imposed for violating Rules 10.01(a) and (b) of the Rules of Standardbred Racing after being found in possession of injectables and syringes at Mohawk Raceway.

The licensee admitted liability but argued the penalty was excessive compared to recent precedents.

The Ontario Racing Commission allowed the appeal in part, reducing the fine from $2,000 to $1,000 and staying 20 days of the 30-day suspension for a period of 12 months, contingent on no further violations.

The appellants, an owner/trainer, owner/groom, and hotwalker, appealed Stewards' Rulings finding them in violation of Rule 15.11.1 of the Rules of Thoroughbred Racing for uttering offensive and racial remarks and threatening another licensee.

The Ontario Racing Commission dismissed the appeals, upholding the findings and penalties, which included fines and a 30-day suspension for the owner/trainer.

The Commission accepted the evidence of the threatened licensee and found the appellants' denials lacked credibility.

The appellants, a horse trainer and a groom, appealed a Stewards' ruling that found the trainer violated the Rules of Thoroughbred Racing by improperly transferring ownership of a horse from the owner to his son using his authorized agent privileges.

The Ontario Racing Commission dismissed the appeal regarding liability and the transfer of the horse back to the original owner, finding the trainer breached his duty to the owner by acting without proper authority and preferring his family's interests.

The Commission upheld the $5,000 fine but modified the trainer's suspension to run from July 1 to December 31, 2005.

The respondent, a standardbred driver, appeared before the Commission after being indefinitely suspended for refusing to produce a urine sample when requested.

The respondent did not substantially contest the finding of liability.

The Commission noted concerns regarding the evidence of creatinine levels and the policy equating an improper sample with a failure to provide a sample.

Considering the rigorous conditions already on the respondent's licence, the Commission imposed a 20-day suspension, crediting the respondent with 18 days already served.

The Ontario Racing Commission convened to hear a teletheatre licence application from Rideau Carleton Raceway.

Upon hearing submissions from the applicant and the Administration, the Commission approved the teletheatre licence for the site at 1475 Richmond Road, Ottawa, operated by Vincent Roland Bergeron (Royal Britannia Pub), effective June 23, 2005.

The appellant, a standardbred driver/trainer/owner, appealed a judges' ruling that fined him $1,000 and suspended him for 30 days for improper conduct towards another participant.

The appellant contested the Commission's jurisdiction, arguing the conduct occurred outside its governance of horse racing.

The panel found it had jurisdiction under the Racing Commission Act, as the conduct involved threats and ethnic insults related to future races.

The panel affirmed the $1,000 fine and 30-day suspension but stayed 15 days of the suspension for one year on the condition of no further violations.

The appellant, a thoroughbred trainer, appealed a Stewards' ruling fining him $1,500 for a positive drug test (Naquasone) on a horse under the day-to-day care of his assistant trainer at another track.

The majority of the Ontario Racing Commission allowed the appeal regarding the positive test, finding the appellant did not have 'charge, custody or care' of the horse as required by Rule 15.06.1.

However, the Commission substituted a finding that the appellant violated Rule 15.09.1(f) by failing to ensure his assistant trainer maintained appropriate medication records, and imposed a $1,500 fine for that violation.

A dissenting commissioner would have upheld the original ruling.

The Director issued a Notice of Proposed Order to revoke the licence of Standardbred Owner/Trainer/Driver Brian Lawson.

At the hearing, the parties consented to an adjournment sine die based on the respondent's undertaking not to re-apply for a licence for nine months and to provide 30 days' notice before any subsequent application.

The Commission accepted the undertaking and ordered the hearing adjourned sine die.

Standardbred Licensee David MacNabb requested a hearing before the Ontario Racing Commission regarding the Executive Director's Notice of Proposed Order to refuse to issue a licence.

After hearing from both parties and witnesses, the Commission confirmed the Executive Director's Notice of Proposed Order to refuse to issue a licence.

The Commission provided oral reasons for its decision on the record.

The appellants appealed a Stewards Ruling.

Prior to the resumption of the hearing, one appellant served a Notice of Appeal from the Commission's earlier ruling.

The Administration moved to quash the new Notice of Appeal.

The Panel found the new Notice of Appeal was a nullity as it had no jurisdiction to entertain an appeal from its own decision.

The Panel ordered the appellant fully suspended until May 15, 2005, and reserved its decision on the main appeal, restoring the stay of penalty effective May 16, 2005.

William Philip Gracey appealed a Stewards' ruling that fined him $5,000 for refusing to bring a horse to the paddock at the appointed time, in violation of the Rules of Thoroughbred Racing.

The Ontario Racing Commission dismissed the appeal on liability, finding that the appellant had violated the rules.

However, the Commission allowed the appeal in part on the issue of penalty, reducing the fine to $2,000.

Standardbred owner Rick Cauvier requested a hearing regarding a Notice of Proposed Order to revoke his licence.

The Ontario Racing Commission confirmed the Executive Director's decision to revoke the licence, but delayed the effective date to allow Mr. Cauvier to sell or transfer his horses with the prior consent of the judges at Rideau-Carlton Raceway.

The appellants, a thoroughbred trainer and an owner/groom, brought a motion to adjourn their appeal from a prior ruling.

The Ontario Racing Commission granted the adjournment, making it peremptory on the appellants to proceed on the new date.

However, the Commission lifted the existing stay of penalty against the trainer, suspending his licence and barring him from the backstretch pending the resumption of the hearing.

The appellant, a standardbred licensee, appealed a suspension under Rule 6.38 of the Rules of Standardbred Racing.

Following an adjournment to allow the appellant to retain counsel, the Ontario Racing Commission heard the appeal based on an Agreed Statement of Facts.

The Commission reinstated the appellant's driver's licence subject to a 180-day suspension and a one-year probation period.

During probation, the appellant must submit to random drug testing, with any positive or improper sample resulting in an immediate full suspension.

The appellants appealed Judges' Rulings finding them in violation of various Rules of Standardbred Racing related to hidden trainers and misleading investigators.

The Ontario Racing Commission granted the appeals regarding the hidden trainer allegations, finding that the named trainer did perform sufficient duties to be considered the trainer of record.

However, the Commission upheld the findings that the appellants misled investigators and submitted false licence applications.

Fines were imposed and licences suspended until payment.

Windsor Raceway applied for 124 live race dates for the 2005 calendar year, following two previously deficient applications.

The Ontario Harness Horse Association opposed the reduction, arguing for a return to the 153 dates approved in 2003 and 2004.

The Commission criticized both parties for focusing on self-interest rather than the public interest.

The Commission ultimately approved a schedule resulting in 131 live dates and 1,965 live racing opportunities, emphasizing the need to resume racing and consider the broader public interest.

The Ontario Racing Commission convened a hearing to review teletheatre licence applications from Flamboro Downs Raceway, Ontario Teletheatre Network, and Woodbine Entertainment Group.

The Commission approved three new teletheatre licences at locations in Hamilton, Newmarket, and Kitchener, subject to certain conditions such as receipt of liquor licences and photographs.

The Commission also cancelled an existing teletheatre licence in Newmarket.

The respondent, a standardbred licensee, tested positive for a cocaine metabolite.

Following a hearing, the Ontario Racing Commission suspended his trainer and ferrier licences for three months, and his driver and starter licences for one year (with three months stayed).

The Commission also ordered him to complete a treatment program and placed his licences on probation for one year.

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

The Director of Racing indefinitely suspended his licences pending a hearing.

Following a hearing before the Ontario Racing Commission, the panel ordered his licences fully suspended for three months and his driver's licence suspended for one year, including prohibitions on driving, warming up, and parading horses.

The Director of Racing indefinitely suspended the respondent's standardbred driver licence after he tested positive for THC Carboxylic Acid.

Following a hearing, the Ontario Racing Commission ordered an eight-month suspension (with two months stayed), required the respondent to enroll in an ongoing treatment program, and placed his licence on probation for one year.