Tim Snell

Kelly Sheppard appealed a Judges' Ruling that fined him $2,000 and suspended him for 20 days following a positive test for a prohibited substance in his horse.

The Ontario Racing Commission upheld the fine and the 20-day suspension, but modified the suspension to allow him to enter horses during the final days of the suspension for races scheduled after the suspension period.

The Ontario Racing Commission held a hearing to consider the 2005 live race date applications from Western Fair Raceway, New Hiawatha Horse Park, Woodstock Raceway, and Windsor Raceway.

The Commission evaluated the applications against the public interest and the industry's commitment to promote live horse racing, particularly in light of revenues generated from racetrack slot machines.

The Commission found the applications deficient due to concerns over the compression of racing schedules into summer weekends, the loss of historical winter racing opportunities, and the potential negative impact on horse health and driver pools.

Consequently, the Commission declined to approve the applications and requested the associations to submit revised proposals addressing these concerns.

Jockey Jonathan Jones appealed a Stewards Ruling that found him in violation of the Rules of Thoroughbred Racing for interfering with another horse during a race.

The Stewards had suspended him for three racing days and disqualified his horse from second to fifth position.

The Ontario Racing Commission dismissed the appeal, confirming the order of finish and the three-day suspension.

The Administration brought a motion to determine if the Commission should hold a hearing regarding the appeal of a Standardbred Judges' ruling that indefinitely suspended Caroline Robinson's licence for failing to produce documents.

The parties reached an agreement whereby the Administration would lift the suspension effective November 1, 2004, in exchange for Robinson's cooperation in providing documents.

A new request for documents with updated reasons will be issued by the Commission investigator.

The Ontario Racing Commission held a hearing regarding Standardbred Driver/Trainer/Owner Carver Sullivan.

The Commission ordered that his licence be fully suspended until July 31, 2005, with his driver's licence suspended for an additional 6 months.

Upon return, his licences will be subject to probation and strict conditions, including completion of a rehabilitation program, weekly urine testing, and abstention from non-prescription drugs.

The appellant, a standardbred owner/driver/trainer, appealed two rulings.

The first ruling imposed a $1,000 fine for making an inappropriate reference to an Austin Powers character during a television interview, which was found to be conduct prejudicial to the best interests of racing.

The second ruling imposed a fine, suspension, and probation for allegedly calling the judges 'idiots' following a hearing.

The Commission dismissed the first appeal, upholding the $1,000 fine.

For the second appeal, the Commission accepted the appellant's testimony that the remark was directed at another licensee, not the judges, and ordered him to provide a written apology clarifying the misunderstanding within seven days, failing which the appeal would be dismissed and the original penalties imposed.

The appellants, a standardbred owner/trainer and an owner/groom, appealed decisions of the Judges fining and suspending them for allegedly refusing to comply with directions, withholding information, and misleading investigators regarding the transfer of horses from a suspended trainer.

The Ontario Racing Commission allowed the appeal in part, finding that the Judges' directions were equivocal and the appellants did not knowingly withhold information.

However, the Commission upheld the finding that the appellants misled investigators by participating in a deceptive 'farming out' arrangement.

The fines and suspensions were reduced, and a related suspension of four horses was modified to allow their transfer to the appellants after a specified date.

The appellants, thoroughbred owners, appealed a Stewards' Ruling that disqualified their horse from a first-place finish because they were unlicensed at the time of the race.

The Ontario Racing Commission allowed the appeal in part, quashing the disqualification and restoring the original order of finish so purse monies could be distributed.

However, the Commission fined each appellant $5,000 and placed their licences on probation until the fines were paid.

The appellant, a standardbred trainer, appealed a decision suspending his licence for 60 days and fining him $1,500 after a horse he trained tested positive for TCO2.

The Ontario Racing Commission dismissed the appeal on liability, finding the trainer failed to take adequate precautions to protect the horse, especially given the 'poisoned atmosphere' and threats in his barn.

However, considering the significant mitigating circumstances, the Commission allowed the appeal on penalty in part, reducing the suspension to 21 days while maintaining the $1,500 fine.

The appellant trainer appealed a decision of the Stewards fining and suspending him after his horse tested positive for a prohibited substance, and for failing to maintain adequate medication records.

The Ontario Racing Commission allowed the appeal, finding that the trainer had established on a balance of probabilities that he took all reasonable care to protect the horse, and that the positive test likely resulted from an error by the treating veterinary hospital.

The Commission also found that the trainer's delegation of record-keeping to staff and reliance on hospital records satisfied the rules.

The fines and suspension were quashed, though the horse's disqualification remained.

The licensee, a standardbred owner, trainer, and driver, requested a hearing after his license was indefinitely suspended due to a positive test for a cocaine metabolite.

At the hearing, the licensee argued the positive result was a false positive caused by prescription medication taken for injuries sustained in a racing accident, and raised a procedural defense regarding the lack of contact from a Medical Review Officer.

The Commission rejected both defenses, finding the licensee failed to provide sufficient evidence linking the prescription medication to the cocaine metabolite and that the procedural argument did not invalidate the test.

The Commission suspended the licensee until June 30, 2005, followed by an 18-month probation, and required completion of a drug rehabilitation program.

A standardbred licensee appealed a judges' decision under the Rules of Standardbred Racing to place his horse fourth for causing interference during a race.

The Ontario Racing Commission convened to hear the appeal and received evidence from multiple witnesses.

The Commission dismissed the appeal, with the Vice-Chair dissenting, and confirmed the original placement of the horses in the order of finish.

The appellant, a standardbred owner and trainer, appealed a 60-day suspension and $10,000 fine imposed for allowing a suspended trainer to jog a horse for which the appellant was the trainer of record.

The Ontario Racing Commission allowed the appeal in part, reducing the suspension to 21 days and the fine to $7,500.

The appellant, a thoroughbred owner and trainer, appealed a Stewards' ruling fining him $2,000 for failing to have written agreements with owners and failing to comply with an undertaking.

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

The Commission dismissed the appeal and confirmed the Stewards' ruling, ordering the appellant to pay the $2,000 fine before participating in racing again.

Jockey Constant Montpellier appealed a Stewards Ruling finding him in violation of the Rules of Thoroughbred Racing for unsportsmanlike conduct after failing to take a horse for a veterinarian inspection prior to a race.

The Ontario Racing Commission allowed the appeal.

The appellant, a standardbred driver/owner/trainer, appealed two Judges Rulings to the Ontario Racing Commission.

The first ruling found him in violation of rules regarding possession of injectables, conduct injurious to racing, and withholding information, resulting in a 6-month suspension and a $6,000 fine.

The second ruling fined him $500 for failing to set out terms of engagement in trainer contracts.

The Commission allowed the first appeal in part, finding no violation for possession of injectables but upholding the violations for conduct injurious to racing and withholding information.

The penalty was reduced to a 120-day suspension and a $3,000 fine.

The second appeal was abandoned, and the $500 fine remained in effect.

The appellant appealed the Judges' decision to scratch his horse, SCULLY FBI, and the eligibility of two other horses, due to the trainer's suspension by the New Jersey Racing Commission.

The Ontario Racing Commission allowed the appeal subject to conditions requiring the appellant to provide proof of a stay of the New Jersey suspension or issued proceedings for a stay application within specified timeframes.

The appellant, a standardbred owner/driver/trainer, appealed a decision suspending his licence for one year and fining him $5,000 for a positive TCO2 test on a horse.

The appellant failed to appear at the scheduled hearing despite receiving notice.

The Ontario Racing Commission dismissed the appeal as abandoned and ordered the suspension and fine to be continued.

The appellant jockey appealed a decision of the Ontario Racing Industry Board of Appeal, which upheld a five-day suspension imposed by the Stewards for interference during a race.

The Ontario Racing Commission heard the appeal alongside the horse owner's appeal.

After hearing evidence from the Stewards and other witnesses, the Commission dismissed the appeal and ordered the five-day suspension to be served.

Thoroughbred owner Lynda Elliot-Griem appealed a decision of the Ontario Racing Industry Board of Appeal, which upheld the Stewards' decision to disqualify her horse from first to eighth place due to interference caused by the jockey.

The Ontario Racing Commission dismissed the appeal.