Ontario

Racing

Commission

TB

RULING NUMBER COM SB 059/2010

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 3, 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 CHAD MILNER

On November 2, 1010, the horse WINDSUN GALAXIE which finished second was placed sixth by the Judges for failing to continuously lose ground while off stride during the stretch drive in the sixth race at Kawartha Downs on November 2, 2010, in violation of SB Rule 22.27(c).

On November 2, 2010, trainer Chad Milner filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On December 3, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner Brenda Walker as Chair, convened for the purpose of hearing this matter.

Rick Rier appeared on behalf of the Administration of the ORC. Owner Harley Harkness attended the Hearing and requested an adjournment as they have obtained legal counsel who was unavailable for today.

The Panel granted the adjournment and, the Hearing is now scheduled for January 12, 2011.

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

DATED at Toronto this 24^th day of December 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF

CHAD MILNER

Held Before:

Brenda Walker, Commissioner

This is an excerpt of a Hearing of the Ontario Racing Commission re: CHAD MILNER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 3rd day of December, 2010.

Appearances:

Rick Rier,

representative for the Ontario Racing Commission Administration

hearing continued ...

MR. RIER: The Administration's position is Mr. Harkness has made the effort to be in attendance today to request that adjournment and we are fine with that.

MADAME CHAIR: Yes, I'm fine with that so January the 12th then.

MR. RIER: Sounds good to me.

MADAME CHAIR: Good.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths