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

AND IN THE MATTER OF THOROUGHBRED JOCKEY CONSTANT MONTPELLIER

Thoroughbred Jockey Constant Montpellier appealed the ruling of the Industry Board of Appeal dated June 15, 2005, which had upheld Stewards' Ruling Number TB 2903/2005 issued against him on April 30, 2005, wherein he was suspended for 5 days for violation of Rules 11.07, 11.09.03 and 11.09.05 of the Rules of Thoroughbred Racing for careless riding by coming in with his mount, UNCANNY JUDITH, and interfering with BOLD CLOVER during the stretch run of the second race on April 24, 2005 at Woodbine Racetrack.

The ORC Panel hearing the matter consisted of Chair Tanaka and Commissioners David Gorman and George Kelly. The Panel convened on September 21, 2005. Aaron Dantowitz appeared as counsel for the Administration and Shale Wagman appeared as counsel for Constant Montpelier.

On hearing the evidence of Steward Richard Grubb and Emma Jane Wilson, and on reviewing the videotape of the race and the Exhibits, and on hearing the submissions of counsel, the Panel found that Mr. Montpelier had deliberately brought his horse into the path of BOLD CLOVER so as to interfere, and caused the other horse to change its path. Accordingly, the Panel dismissed Mr. Montpelier's appeal and upheld the suspension.

The Panel's reasons for decision form part of the transcript of the hearing, and are attached to this ruling.

DATED this 16^th day of November 2005.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

TRANSCRIPT

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THOROUGHBRED JOCKEY

CONSTANT MONTPELLIER

REASONS FOR DECISION

Hearing conducted in the Hearing Room of the Ontario Racing Commission, 7th Floor, 20 Dundas Street West, Toronto, Ontario, on Wednesday the 21st day of September, 2005.

DISCIPLINE COMMITTEE PANEL:

L. Tanaka Chair

G. Kelly

D. Gorman

APPEARANCES:

Aaron Dantowitz Counsel for the Administration

Shale Wagman For the Appellant

Also Present:

Ed Hall

--- Upon resuming at 12:41 p. m.

REASONS FOR DECISION:

THE CHAIR: The matter we're dealing with here is the appeal by Constant Montpellier against Stewards' ruling number TB 2903/2005, a five day suspension for violation of Rule 11.07, 11.09.03, 11.09.05 for careless riding by coming in with his mount, UNCANNY JUDITH, and interfering with BOLD CLOVER during the stretch run.

Based upon the evidence of Steward Grubb and Emma Wilson, we are satisfied that Mr. Montpellier deliberately brought his horse into the path of BOLD CLOVER so as to interfere, so as to intimidate during the stretch run of the second race that he caused the other horse to change its path and that we do not condone these deliberate actions which bring us so close to the line of a real accident. So we dismiss the appeal, both as to the merits and also on the issue of penalty. Thank you.

--- Whereupon proceedings adjourned at 12:44 p. m.

I HEREBY CERTIFY THE FOREGOING

to be a true and accurate transcription

of a cassette tape recording

to the best of my skill and ability.

MAUREEN BYNOE, Stenomask Reporter

B. A., Commissioner of Oaths