Ontario

Racing

Commission

TB

RULING NUMBER COM SB 012/2010

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 DOUG MCNAIR

On February 1, 2010, the Judges issued Standardbred Official Ruling SB41103 wherein Mr. McNair was fined $200 for violation of ORC Rule 22.05.01 (m) of the Rules of Standardbred Racing while driving the horse ST LADSSERAPH prior to the 5th race at Western Fair Raceway on February 1, 2010.

On February 4, 2010, Mr. McNair 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.

Tom Miller appeared on behalf of the Administration of the ORC. Mr. McNair attended the Hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Judge Neil McCoag, and upon considering the closing submissions, the Panel denied the appeal. Mr. McNair is fined the amount of $200.

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

DATED at Toronto this 17th 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 BRAD FORWARD/DOUGLAS MCNAIR

This is an excerpt of the hearing of the Ontario Racing Commission re: BRAD FORWARD/DOUGLAS MCNAIR, 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. MILLER: All rise please. The appeals before the Commission are back in session.

CHAIRMAN: You may be seated. Okay, after watching the tapes and listening to the witnesses I am going to disallow the appeal due to the fact that there were live visual statements from both Judges that they saw you, not solely on the tapes that we watched in front of us. So that will be $200.00 each.

MR. MILLER: I have a question, not regarding this, just regarding Mr. Davis, Mr. Billy Davis, who failed to appear. Have we decided that we will summons him for the next?

CHAIRMAN: We will summons him and he will have to come in and explain why he wasn't here and we will have to deal with it if he doesn't or you know, depending on what he tells us.

MR. MILLER: There may be a good reason that he didn't show up.

CHAIRMAN: Yes. If there isn't a good reason we will deal with him then.

MR. MILLER: Thank you.

CHAIRMAN: Thank you for coming, Mr. McNair.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths