The applicants, a horse owner and trainer, sought judicial review of a Horse Racing Appeal Panel (HRAP) decision upholding penalties for their horse testing above the permitted threshold for total carbon dioxide (TCO2).
They argued they were denied procedural fairness regarding disclosure of testing laboratory records, that the HRAP decision was unreasonable, and that the rule establishing the TCO2 threshold was ultra vires.
The Divisional Court dismissed the application, finding no breach of procedural fairness given the HRAP's efforts to mitigate late disclosure, concluding the HRAP's reliance on the testing evidence was reasonable, and holding that the rule was within the Registrar's statutory mandate to uphold the integrity of horse racing.
