IN THE MATTER OF THE RACING COMMISSION ACT, [S.O. 2000, c. 20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);

AND IN THE MATTER OF THE APPEAL OF

THOROUGHBRED JOCKEY GARY BOULANGER

Jockey Gary Boulanger appealed the following rulings of the Stewards:

a) Number 2001-136, dated June 3, 2001 suspending him for five days for indiscriminate use of his whip in accordance with Rules of Thoroughbred Racing 9.27(d)(i) and (f) for striking his mount "HIT THE ROAD BEAU" on the belly several times during the stretch run of the 4th race on May 31, 2001 at Woodbine;

b) Number 2001-200, dated June 28, 2001 suspending him for five days for misuse of his whip in accordance with Rules of Thoroughbred Racing 9.27(d)(i) and (f) for striking his mount "PETAL" on the belly several times during the stretch run of the 7th race on June 24, 2001 at Woodbine.

On September 13, 2001, Vice Chair Herbert Bryant, Commissioner Thomas Deacon and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.

Dan McMahon appeared on behalf of Mr. Boulanger and Counsel Don Bourgeois appeared for the Administration.

Upon hearing the testimony of Steward Richard Grubb, Dr. Greg Taylor, DVM, Trainer Steve Owens and Mr. Boulanger, upon reading the exhibits filed, upon hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal but varied the penalty to be served to three days suspension applicable to both violations. The suspension for three days shall be served on September 19, 20 and 21, 2001.

The Commission gave oral reasons for its decision which are part of the transcript.

DATED at Toronto this 17th day of September, 2001.

BY ORDER OF THE COMMISSION _________________________

Jean Major

Executive Director