Ontario

Racing

Commission

TB

RULING NUMBER COM SB 014/2010

COMMISSION HEARING TORONTO, ONTARIO – MARCH 17, 2010

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

STANDARDBRED LICENSEE AARON BYRON

On December 18, 2009 the Judges issued Standardbred Official Ruling SB41270 wherein Mr. Byron was fined $500 and suspended from driving for 15 days for violation of ORC Rule 22.23.01(a) and (b) of the Standardbred Rules of Racing while driving the horse AZOREANSAILOR in the 11^th race at Georgian Downs Raceway on December 18, 2009.

On December 19, 2009, Mr. Byron filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On March 17, 2010, a Panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purposes of hearing this matter.

Neil McCoag appeared on behalf of the Administration of the ORC. Mr. Byron attended the Hearing and was represented by William Byron.

After reviewing the evidence, hearing the testimony of Judge Tom Miller, and upon considering the closing submissions, the Panel denied the appeal. Mr. Byron shall serve the 15-day driving suspension (March 24, 2010 - April 7, 2010 inclusive) and also pay the $500 fine.

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

DATED at Toronto this 17^th day of March 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED INDUSTRY APPEAL HEARING

IN THE MATTER OF AARON BYRON

This is an excerpt of the hearing of the Ontario Racing Commission re: AARON BYRON, in the above mentioned matter held before The Ontario Racing Commission, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, on the 17th day of March, 2010.

Heard before: Brenda Walker, Commissioner

Appearances:

Tom Miller & Neil McCoag,

Representatives for the Ontario Racing Commission Administration,

Hearing continued ...

MR. McCOAG: All rise please.

CHAIRMAN: Okay. You may be seated. After reviewing the tape and listening to the evidence your appeal has been disallowed. So you will have to be fined $500.00 and fifteen days. Do you want to set up the times now with him?

MR. MILLER: I would like to set up the fifteen days when would you next be at Georgian? That wouldn't be a problem?

MR. BYRON: Yes, next Wednesday.

MR. MILLER: Next Wednesday is the 24th?

MR. BYRON: Yes.

MR. MILLER: So we will start it on the Wednesday. How many days in March ... 31. That's eight days so 7th of April will be your last day. So the 8th of April is your first day back.

MR. BYRON: Okay.

MR. MILLER: Okay?

MR. BYRON: Okay. Now I can drive in the money events, the stakes events?

MR. MILLER: For a penalty of that size, no.

MR. BYRON: Really?

MR. MILLER: You are going to have to correct me if I'm wrong but I'll look at my rule book but I think if it is over five days. Let me look that up before you go and I'll just make sure.

MR. BYRON: Okay.

CHAIRMAN: Okay, the next one then?

MR. MILLER: I'll give you a second to get everything together.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths