RULING NUMBER COM QH 003/2010

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

QUARTER HORSE LICENSEE JOE TAVARES

On July 18, 2010, following the running of the 5th race at Ajax Downs, Trainer Janet Grice (124751) for #2 SEE ME GO BAYOU lodge a claim of foul against #3 COLONEL SHAZOOM for alleged interference at the start of the race.

After a review of the film patrol, pan and front tower views, and speaking with Jockey John McInerney (111902), the Stewards issued QH Ruling 6639/2010 wherein #3 COLONEL SHAZOOM was disqualified from 3^rd place to 8^th for interference with #2 SEE ME GO BAYOU at the start of the race.

On July 20, 2010, Trainer Joseph Tavares (“Tavares”) (124924) filed a Notice of Appeal with the Ontario Racing Commission (“ORC”) in accordance with Rules 13.17 and 13.17.02 of the Rules of Thoroughbred Racing.

On August 16, 2010, a Panel of the ORC, comprised of Chair Rod Seiling, convened to hear the appeal of Tavares.

Steward Brian Newton appeared on behalf of the Administration. Steward Robert Ian Wright appeared as a witness for the Administration. Tavares attended the hearing and was self- represented. Jockey Tony Phillips and Assistant Trainer Richard Kennedy appeared as witnesses for Tavares.

After reviewing the evidence, hearing testimony of Steward Robert Ian Wright, Jockey Anthony Phillips and Assistant Trainer Richard Kennedy and upon consideration of closing submissions, the Panel denied the appeal.

The order of finish for the fifth race on July 18, 2010 will remain regarding the disqualification of #3 COLONEL SHAZOOM. Any purse held in regard to this appeal will be released by the Association of Ajax Downs.

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

DATED at Toronto this 19^th day of August 2010.

BY ORDER OF THE COMMISSION

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

RE: QUARTER HORSE HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF

JOE TAVARES

Held Before:

Rod Seiling, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: JOE TAVARES, 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

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 Stewards applied the Rules of Racing incorrectly. The panel accepts the testimony of Steward Wright that the contact between the number 4 horse and the number 3 horse was incidental which is a recurring and accepted outcome when horses are leaving the gate in quarter horse racing.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths