On July 9, 2009, the track Judges found Gendron in violation of Standardbred Rule 22.23.01 (a), (use of whip in a blatant or exaggerated manner).
The penalty imposed for a 3rd offence within a year of the first offence and within 750 drives of the first offence was as follows:

(i) a $500 fine, plus a
(ii) 3-day driving suspension (July 14, 15, & 16, 2009)

On July 10, 2009, Gendron filed a Notice of Appeal against this decision. On July 13, 2009, the penalty was stayed pending a hearing. On November 10, 2009, a Panel of the ORC consisting of Chair Rod Seiling, convened to hear this matter.

Gilles Gendron did not appear at the hearing of his appeal. Gilles Gendron was not represented at the hearing. Anthony Williams appeared as counsel for the Administration.

Upon hearing the allegations against Gendron and upon reading the exhibits filed, and upon hearing the submissions of counsel for the Administration, the Commission ordered as follows:

(i) The appeal is denied.
(ii) The fine of $500 is upheld.
(iii) The suspension of 3 days is upheld (Gendron can race any horses he has entered into race or is programmed to drive before his penalty takes effect).
(iv) A further penalty of $1,500 is imposed, pursuant to the Racing Commission Act.

Meanwhile Angie Matthews, is also licensed by the Ontario Racing Commission as a Standardbred driver/trainer/owner, Licence Number K05357. Matthews was the owner of standardbred racehorse JR Falcons Fury which last raced at Flamboro Downs on November 20, 2008.

This horse died on January 19, 2009, at Grand Valley, Ontario.

On July 20, 2009, a hearing was held by the track Judges at Grand River Raceway. Matthews was found to be in violation of Standardbred Rule 6.47.02 (a) and (b), failure to notify of death of horse.

The Judges considered the following mitigating factors:
• No previous discipline for any offence of this nature. Record shows driving violations only.
• No intent to commit the violation.
• Violation occurred while under duress.
• Cooperated fully with investigator.
• Did make admission to error.
• No financial gain.
• No effect upon outcome of a purse or a race.

The Judges imposed a penalty of $500. Matthews appealed against this decision. Matthews was represented by Darryl R. MacArthur, ("McArthur") of the Ontario Harness Horse Association.

The Administration was represented by Anthony Williams, counsel. This matter was the subject of settlement discussions and a resolution agreement in advance of the hearing of the appeal.

In view of the tragic circumstances surrounding the death of the horse, the fact that Matthews did report the death, albeit not in conformance with the rules, her relatively modest level of industry involvement and her financial situation, the resolution agreement was as follows:

(i) appeal restricted to penalty only
(ii) fine of $500 is upheld
(iii) $300 of the fine to be subject to a stay

ONTARIO RACING COMMISSION