Ontario Racing Commission
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL WAYNE SMITH AND VARINDER GILL
On April 8, 2003 Wayne Smith and Varinder Gill appealed the claiming of the horse STRANGER for $15,000 on April 3, 2003 at Mohawk Raceway to the Ontario Racing Commission.
On April 17, 2003, Vice Chair Larry Todd and Commissioners Brenda Walker and Harold Peerenboom convened to hear the appeal.
Gerald Sternberg appeared on behalf of Wayne Smith and Varinder Gill and Don Bourgeois appeared on behalf of the Administration.
On hearing the evidence of Scott McKelvie, Gary Cahill, Wayne Smith and Varinder Gill, on reading the exhibits and on hearing submissions on behalf of the parties, the Ontario Racing Commission granted the appeal and ordered as follows:
the claim is reversed and voided;
the horse STRANGER is to be returned to its recorded owners as of April 3, 2003 within 24 hours and the outside time is 7 p.m. on April 18, 2003;
the horse STRANGER is scratched from the race at Mohawk on April 18, 2003;
transportation of the horse STRANGER is at the cost and doing of Wayne Smith and Varinder Gill.
The reasons for decision form part of the transcript of the hearing.
DATED this 24th day of April, 2003.
BY ORDER OF THE COMMISSION (original signed by) Don Bourgeois for
Jean Major
Executive Director