Todd Kabel, Brian Lynch and Stronach Stables, 2007 CanLII 87014

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

AND IN THE MATTER IN THE APPEALS OF

THOROUGHBRED JOCKEY TODD KABEL AND

TRAINER BRIAN LYNCH and OWNER STRONACH STABLES

Thoroughbred Jockey Todd Kabel, along with Thoroughbred trainer, Brian Lynch and Thoroughbred owner, Stronach Stables appealed to the Ontario Racing Commission from a Ruling issued on July

17^th, 2006 by the Stewards at Fort Erie Racetrack, dealing with alleged interference with respect to the horse, "Malakoff" which was entered to race at Fort Erie Racetrack in the Prince of Wales Stakes Race on July 16, 2006.

Jockey Kabel appealed Stewards' Ruling Number TB 4346/06 in which he was suspended for 3 days.

Trainer Lynch and Owner Stronach Stables appealed Stewards' Ruling Number TB 4346/06 in which "Malakoff" was disqualified from finishing 1^st and placed 5^th.

On March 28, 29, and 30, 2007 a panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioners Bernard Brennan, DVM and Jane Garthson convened to hear the matter.

Counsel Luisa Ritacca appeared on behalf of the Commission. Dan McMahon appeared on behalf of appellant Todd Kabel and Shale Wagman appeared on behalf of the appellants Brian Lynch and Stronach Stables. Also present at the hearing was counsel Gerry Sternberg who appeared on behalf of David James, the owner of "Shillelagh Slew".

On hearing the evidence of the parties and on reviewing the exhibits filed and on hearing the submissions of the parties, the Commission orders:

1. Mr. Kabel's appeal is denied;

2. The appeals of Mr. Lynch and Stronach Stables are denied.

3. Mr. Kabel's suspension as per Ruling TB 4346/06 issued against him on July 17, 2006 becomes effective with the publication of this ruling.

4. The purse allocation and fees from the race are to be paid out as per the official order of the race.

The Commission's reasons are attached to this ruling.

DATED at Toronto this 19^th day of April, 2007.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

REASONS FOR DECISION

Thoroughbred Jockey, Todd Kabel, along with Thoroughbred trainer, Brian Lynch and Thoroughbred owner, Stronach Stables appealed to this Commission from a Ruling issued on July 17, 2006 by the Stewards at Fort Erie Race Track, dealing with the alleged misconduct with respect to the horse, "Malakoff" which was entered to race at Fort Erie Racetrack in the Prince of Wales Stakes Race on July 16, 2006.

Jockey Kabel appealed Stewards ruling number TB 4346/06 in which he was suspended for 3 days.

Trainer Lynch appealed Stewards ruling number TB 4346/06 in which "Malakoff" was disqualified from finishing 1^st and placed 5^th.

Owner Stronach Stables appealed Stewards ruling number TB 4346/06 in which "Malakoff" was disqualified from finishing 1^st and placed 5^th.