IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20
AND IN THE MATTER OF THE APPEAL OF
THOROUGHBRED OWNERS HARVEY SWARTZ AND JACK STORK
Thoroughbred owners Harvey Swartz and Jack Stork appealed the disallowance of their appeal by the Ontario Racing Industry Board of Appeal, dated October 11, 2000, of the Stewards’ decision to disqualify the horse “HASTY SWORD” and to place it last for interference with “LA MIENNE” during the stretch run of the 8th race on September 8, 2000.
On July 4, 2001, Vice-Chair Herbert Bryant, Commissioner Dr. Bruce Duncan, DVM and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.
Harvey Swartz, counsel, appeared on his own behalf and on behalf of Jack Stork and Don Bourgeois, counsel, appeared for the Administration.
Upon hearing the testimony of Senior Steward Nelson Ham, jockey Na Somsanith, jockey Rui Pimentel, jockey Patrick Husbands and trainer Ernie Celsie and upon reading the exhibits filed, upon hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal of Mr. Swartz and Mr. Stork.
The Commission gave oral reasons for its decision, which are part of the transcript.
DATED at Toronto this 5th day of July, 2001.
BY ORDER OF THE COMMISSION_________________________
Jean Major
Executive Director