RULING NUMBER COM GEN 006/2009

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 16, 2009

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

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF

MACRANALD ENTERPRISES INC. OPERATING SUDBURY DOWNS

Sudbury Downs appealed the Notice of Decision dated December 1, 2009, issued by the Deputy Director. The Notice of Decision declined to approve the application by Sudbury Downs to shut down racing for eight weeks and reallocate the race dates within a shortened season.

On December 16, 2009, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioner David Gorman and Commissioner John Macdonald convened to hear the appeal.

Maureen Harquail appeared as Counsel for the Administration. Andrew MacIsaac appeared on behalf of Sudbury Downs. Bob Bodkin appeared on behalf of the Northern Horsemen’s Association.

Upon hearing the evidence of Wendy Hoogeveen and Bob Bodkin, and upon reviewing the evidence and hearing the submissions of Counsel for the Administration, Sudbury Downs and the Northern Horsemen’s Association, the Panel denies the appeal.

The Panel’s written Reasons for Decision will follow.

DATED at Toronto, this 16th day of December 2009.

BY ORDER OF THE COMMISSION

Rob McKinney

Deputy Director