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 THORUGHBRED OWNER LYNDA ELLIOT-GRIEM
Thoroughbred Owner Lynda Elliot-Griem (#113921) appealed the decision of the Ontario Racing Industry Board of Appeal of October 9, 2003, disallowing her appeal of the decision of the Stewards in Ruling TB 122-2003, wherein her horse FRANK’S SELECTION was disqualified from first position and placed eighth, as a result of interference caused by Jockey Pierre Mailhot while riding FRANK’S SELECTION to the horses SOLITARY DANCER and CRUCIBLE in the vicinity of the ¼ pole and to the horse BROTHER PAT in the stretch, in the 8th race at Fort Erie Racetrack on August 24, 2003, contrary to Rules 11.07 and 11.09.1 of the Rules of Thoroughbred Racing and pursuant to Rules 9.14.1, 9.14.2, 9.14.3, 11.09.3 and 11.09.5 of the Rules.
On May 12, 2004, Chair Lynda Tanaka, Commissioners Bernard Brennan, DVM, and Brenda Walker of the Ontario Racing Commission convened to hear the appeal, which was heard together with Jockey Pierre Mailhot’s appeal in the same matter.
Harvey Swartz appeared on behalf of Ms. Elliot-Griem. Tim Snell appeared on behalf of the Administration.
Upon hearing the evidence of Steward Richard Grubb, Jacob Barton, Christopher Griffith, Francine Villeneuve, Pierre Mailhot and Lynda Elliot-Griem, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission dismissed the appeal.
The reasons for decision form part of the transcript of the hearing.
DATED this 14th day of May, 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Acting Executive Director