IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED OWNER MARVIN CHANTLER
RULING
Standardbred Owner Marvin Chantler appealed a decision of a panel of the Standardbred Industry Appeal Board dated January 20, 2003, wherein the panel determined that the horse ARMBRO WINDY driven by Paul MacKenzie did come off the rail and interfere with CHILLY CODY HUNTER driven by Michael Sumner during the stretch drive of the 1st race at Western Fair Raceway on October 18, 2002. As a result, that panel determined that the order of finish should be as follows: #3 BIG LOUIE finished 2nd and placed 1st; #2 CHILLY CODY HUNTER finished 3rd and placed 2nd and #1 ARMBRO WINDY finished 1st and placed 3rd.
On February 26, 2003, ORC Chair Stanley Sadinsky, Q.C. convened to consider the matter, along with Commissioners Patricia Bullock and Dr. Bernard Brennan.
The owners Marvin Chantler (ARMBRO WINDY) and Leo Leger (CHILLY CODY HUNTER) appeared on their own behalf. Lou Simeonidis appeared on behalf of owner Evaggelia Simeonidis (BIG LOUIE) and Joanne Mitchell appeared on behalf of the ORC Administration.
On hearing the evidence of ORC Judge Neil McCoag, Driver Paul MacKenzie, Driver Michael Sumner; Marvin Chantler, Leo Leger and Lou Simeonidis, on reviewing a videotape of the race in question, on reading the exhibits filed and on hearing the submissions of the parties, the ORC panel dismissed the appeal. In doing so, the panel upheld the order of finish determined by the Standardbred Industry Appeal Board. The proper order of finish is, therefore, as follows:
1st place: BIG LOUIE
2nd place: CHILLY CODY HUNTER
3rd place: ARMBRO WINDY
The reasons for decision were provided orally and form part of the transcript.
DATED this 27th day of February 2003.
BY ORDER OF THE COMMISSION (original signed by) Jean Major
Jean Major
Executive Director

