RULING NUMBER COM SB 038/2010

COMMISSION HEARING TORONTO, ONTARIO – AUGUST 16, 2010

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

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

STANDARDBRED LICENSEE NICHOLAS STEWARD

On June 9, 2010, the Judges issued Standardbred Ruling SB 42418 wherein Nicholas Steward (“Steward”) was given a three-day driving suspension for violation of Rule 22.05.01 (a) of the Rules of Standardbred Racing while driving NORTHERN ALBERTA and causing interference on MISS RIGHT during the running of the 1st race on May 29, 2010 at Woodstock Raceway.

On June 9, 2010, Steward filed a Notice of Appeal, pursuant to Rule 24.01 (b) of the Rules of Standardbred Racing.

On August 16, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Brian Newton appeared on behalf of the Administration of the ORC. Steward attended the Hearing and was represented by Brian Tropea, Industry Liaison and Policy Manager for Ontario Harness Horse Association.

After reviewing the evidence, hearing the testimony of Senior Judge William Maertens and Driver Dave Edwards, and upon considering the closing submissions, the Panel denied the appeal.

STEWARD will therefore be suspended from driving on August 23, 24 and 25, 2010, inclusive.

A transcript of the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 19th day of August 2010.

BY ORDER OF THE COMMISSION

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

RE: STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF NICHOLAS STEWARD

Held Before:

Rod Seiling, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: NICHOLAS STEWARD, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of August, 2010.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Brian Tropea, OHHA representative for the licensee Nicholas Steward

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony, reviewing the evidence and the documents filed the panel denies the appeal. The appellant did not present any material evidence nor was there any proof that the Judges applied the Rules of Racing incorrectly. The penalty is appropriate given the circumstances and Mr. Steward can work out with the Judges when his penalty will take effect.

MR. TROPEA: Very good. Thank you, sir. Just for clarification, he can work that out with the Judges at one of the tracks that he races at?

MR. NEWTON: Yes, that's fine.

MR. CHAIRMAN: That's fine. There is no intent to - if he is listed to drive now let him drive and then they will work that out.

MR. NEWTON: Where are you racing next, Sarnia?

MR. STEWARD: Sarnia. I'll be at Woodstock tomorrow.

MR. NEWTON: Okay. I'll touch base with them and they can sit down with you and figure out what works best.

MR. TROPEA: Very good. Thank you, guys.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths