Ontario

Racing

Commission

TB

RULING NUMBER COM SB 002/2009

COMMISSION HEARING TORONTO, ONTARIO – JANUARY 7, 2009

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

AND IN THE MATTER OF THE APPEAL OF

STANDARDBRED LICENSEE CHRIS DESROCHES

Chris DesRoches (“DesRoches”) appealed against the decision of the Ontario Sires Stakes (“OSS”) to render the 2009 foals of his stallion, IMAGESETTER, ineligible to compete in the OSS program.

On January 7, 2009, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear this matter.

Chris DesRoches appeared on his own behalf. Jennifer Friedman appeared as counsel for the Administration.

Upon hearing the evidence, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel of the Commission ruled as follows:

1. The Panel accepts the appeal of Mr. DesRoches. The five foals sired by IMAGESETTER are eligible for the 2009 OSS program.

The transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 13^th day of January 2009.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CHRIS DESROCHES

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CHRIS DESROCHES, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 7th day of January, 2009.

Appearances:

Jennifer Friedman,

for the Ontario Racing Commission Administration

Hearing continued ...

HEARINGS CLERK: All rise. This hearing before the Ontario Racing Commission is now in session.

MR. CHAIRMAN: Please be seated. After reviewing the submissions and the evidence tendered and listening to the testimony the panel accepts the appeal of Mr. Desroches. The five foals sired by IMAGESETTER are eligible for the 2009 OSS program. The Commission under the general conditions of Exhibit 1, tab 7, has the authority/discretion to waive the breach of any stallion condition. The facts of this case are specific to it. It should not be viewed as precedent setting in terms of opening up the flood gates. There are good reasons for conditions of eligibility to programs such as the OSS. It preserves the integrity and values inherent in it. However, there can be special circumstances where on compassionate grounds an exception can be made. One cannot expect a rule to deal with such circumstances as each one will need to be considered on its own merits. Mr. Desroches has a history of playing by the rules. It is clear, if not for his mother's death, he would have registered IMAGESETTER within the required time lines. In respect of the precedent cases, both the James case and the Seelster case do not apply. Mr. James' case was denied due to the negligence of the breeding farm in registering the foal. In a like manner the Seelster case, had the registration been done, there would not have been an issue. Mr. Van Bussel's death contributed to the problem. There were people in the business who were not affected by his passing who could have completed the matter and did not. The Lawson case does have some similarities and in that case the appeal was granted. Rules are important and passed for good reason but we should not blindly follow them. As in this case there is no one harmed and at this juncture no one can even foretell the future as to the efforts of the five foals and they should not be denied their chance at fame due to the unfortunate death of the appellant's mother that caused him to forget to put in the mail a form and payment already completed. I think it is fairly clear. There should be no questions. Thank you.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths