The appellant, a standardbred driver, appealed a judges' ruling that fined him $200 and suspended him for three days for failing to keep his whip within the confines of the wheels during a race, contrary to Rule 22.23.03(c).
The Ontario Racing Commission upheld the violation, finding that the driver made a whipping motion outside the confines of the wheels.
The Commission denied the appeal of the fine but varied the penalty by staying the three-day suspension for one year, provided the driver commits no further violations of the rule during that time.
