Richard Jukosky, 2003 CanLII 74642

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THOROUGHBRED OWNER RICHARD JUKOSKY

RULING

Owner Richard Jukosky appealed a decision of the Thoroughbred Industry Appeal Board dated December 6, 2002 wherein it upheld the Stewards’ decision to disqualify his horse LENNY THE LENDER from first position and place it eighth for alleged interference with WOLF HOWL during the running of the eighth race at Woodbine Racetrack on October 31, 2002.

On March 11, 2003, ORC Vice-Chair Larry Todd convened to consider the matter, along with Commissioners Patricia Bullock and Brenda Walker.

Richard Jukosky appeared on his own behalf and Joanne Mitchell appeared for the ORC Administration.

On viewing a videotape of the race in question, on hearing the evidence of ORC Steward Nelson Ham, Jockey Constant Montpellier, and Chantal Sutherland, on reading the exhibits filed and on hearing the submissions of the parties, the ORC panel allowed the appeal. Purses are to be distributed in accordance with the actual order of finish, which is as follows:

1. LENNY THE LENDER

2. FUNNY SOLDIER

3. MERLIN’S MOON

4. RHODESIAN STORM

5. EL SOPRANO, LUCKY OLD SUN (dead heat for 5^th)

6. HIGH SPEED TRAVEL

7. WOLF HOWL

The reasons for decision were provided orally and form part of the transcript.

DATED this 13^th day of March 2003.

BY ORDER OF THE COMMISSION (signed by) Don Bourgeois per

Jean Major

Executive Director