Ontario Court confirms Horse Racing Commission Panel’s finding that Trainers met the “defence” of due diligence

The Director of the Ontario Racing Commission (the “Applicant”) applied for judicial review of a decision made by a panel of the Commission (the “Panel”). The Panel had reduced the penalties imposed on four horse trainers after their horses tested positive for a controlled substance after a race. The Court dismissed the application for judicial ...

The Ontario Racing Commission (the “Commission”) was successful in its appeal from the Divisional Court’s Judicial Review decision overturning the Commission’s earlier decision finding Austin guilty of having provided an improper (cold) urine sample

23. October 2007 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Drivers – Testing for illegal substances – Horse racers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Hearings – Evidence – Judicial review – Bias Austin v. Ontario (Racing Commission), [2007] O.J. No. 3249, Ontario Court of Appeal, August 30, 2007, M. Rosenberg, ...