IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 C. 20;
AND IN THE MATTER IN THE APPEAL OF
STANDARDBRED LICENSEE TERRY FRITZ
Standardbred licensee Terry Fritz appealed from Standardbred Official Ruling SB 35054 dated June 24, 2006 in which the judges made the ruling that the 10th race at Hanover Raceway was a “No Contest” pursuant to Rule 22.33.
On July 25, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka and Commissioners George Kelly and Bernard Brennan, DVM, convened to hear the appeal.
Patricia Latimer appeared at the hearing for the Administration and Mr. Fritz appeared on his own behalf.
On hearing the evidence of Judge Rick Rier, Drivers Jim Ritchie, Jim McClure, Dale Fritz and Terry Fritz, and on reading and reviewing the exhibits filed, and on hearing the submissions of counsel and Mr. Fritz, the Commission DISMISSED the appeal, and upheld the judges’ ruling of no contest.
The Commission gave oral reasons for the decision, the transcript of which is attached to this ruling.
DATED at Toronto this 14th day of August 2006.
BY ORDER OF THE COMMISSION original signed by Terry Stone
Terry Stone
Acting Executive Director
Reasons Fritz
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2 ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
4 2000, S.O. 2000, c. 20
5
-and-
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7 IN THE MATTER OF STANDARDBRED LICENSEE: TERRY FRITZ
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BEFORE: Lynda Tanaka Chair
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George Kelly Member
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Bernard Brennan Member
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---------------REASONS---------------
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16 Conducted in the Hearing
Room of the Ontario Racing Commission, 7th
17 Floor, Suite 400, 10 Carlson Court Toronto,
Ontario, on the 25th day of July
18 2006.
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20
21 APPEARANCES:
22 Patricia Latimer Counsel for the
Administration
23
24 Terry Fritz Unrepresented
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
1 ----- Upon resuming
2
3 THE CHAIR: This is an appeal by Terry
4 Fritz from Standard Official Ruling SB 35054,
5 dated July 1 of 06, with respect to race 10 on
6 June 24, 06 in which the judges made the Ruling
7 that there was no contest pursuant to Rule 22.33
8 which provides that if, in their opinion, the
9 judges are unable to properly judge the running
10 or finish of a race they may declare the race to
11 be a no contest.
12 Mr. Terry Fritz drove the number 6
13 horse in the race. We watched a video tape of
14 the race, which was Exhibit 2, in which the
15 horse Sauble Jackson drive by Michael MacNeill;
16 the third horse, had its wheels tangled with
17 another horse and as a result Mr. MacNeill was
18 unseated and Sauble Jackson got away, got
19 loose.
20 Only two horses completed the mile
21 course including Mr. Fritz' horse, which
22 finished the race in 1:59 and 3, I think it was,
23 and one other horse. All the other horses did
24 not finish. The drivers having been interfered
25 with determined that they would stop racing.
Reasons - Fritz
1In our mind, we are of the view the
2 judges made the correct decision. The race
3 accident occurred at the first turn. There was
4 a great deal of confusion generated and, to our
5 mind, all of the horses were interfered with in
6 the wording and the meaning of interference
7 under the Rules of Racing.
8 We believe that when a driver goes
9 down that early the judges are right to call the
10 race as having been a No Contest and our view is
11 that a loose horse, regardless of where he is,
12 is a cause for concern and in those events we
13 believe that the driver's attention should be
14 focused on safety of drivers and horses and that
15 it is truly not a proper contest of a race.
16 So we dismiss the appeal and thank you
17 very much for bringing forward the evidence you
18 did.
19 Thank you, Counsel. I'll leave the
20 file and the original exhibits. If you can just
21 have the tapes kept with the file.
22 MS LATIMER: Okay.
23 THE CHAIR: Thank you.
Reasons - Fritz
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5 I certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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13 Christine McAlister, B.A.,C.S.R.
14 Toronto Court Reporters
15 1410 - 65 Queen Street West, Box 69
16 Toronto, Ontario M5H 2M5
17 (416) 364-2065
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23 TORONTO COURT REPORTERS - TORONTO - ONTARIO