RULING NUMBER COM QH 002/2010

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 YANNICK HARDY

Following the running of the fourth race on July 18, 2010, at Ajax Downs, the jockey riding #3 PRINCESS CAILEY, Brian Bell (“Bell”) (115594), lodged a claim of foul against the jockey of #2 INJUN WARRIOR, Yannick Hardy (Hardy) (134772) for alleged interference through the stretch run.

After a review of the film patrol, pan and front tower views, and speaking with Jockeys Bell and Hardy, the Stewards issued QH 6611/2010, wherein Hardy was given a penalty of a one-day suspension, July 25, 2010, for causing interference, in violation of Rules 9.14.01, 14.02.9, 9.14.03, 11.07, 11.09.1, 11.09.03, 11.09.05, 11.12 and 11.14 of the Rules of Thoroughbred Racing. #2 INJUN WARRIOR was disqualified from 4th and placed 7th.

On July 21, 2010, Hardy 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 Hardy.

Hardy was present and self-represented.

TAKE NOTICE THAT having withdrawn his appeal of the Stewards’ QH Ruling 6611/2010, and having given reasons for his withdrawal, Hardy has been assessed costs of $200.00 in accordance with Rules 13.16 and 13.17.09 of the Rules of Thoroughbred Racing, and will serve the one-day suspension on August 22, 2010.

A transcript of the Panel’s Reason 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: QUARTER HORSE HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF YANNICK HARDY

Held Before:

Rod Seiling, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: YANNICK HARDY, 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:

Fenton Platts,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Well, I am again prepared to allow him to withdraw his appeal but again, subject to Directive number 3-2010 there is going to be costs. I mean the Commission has expended a great deal of costs in scheduling this hearing, having a court reporter here, preparing the documentation, sending it out to you. I think in fairness a $200.00 fine the same as Mr. Stephen's. We will levy the fine of $200.00 on you and again given that he is withdrawing his appeal the penalty will stand. You can work out the details of when he serves.

MR. PLATTS: Very good, sir.

MR. HARDY: When I am going to pay that?

MR. PLATTS: that will be determined by us. We do a ruling.

MR. CHAIRMAN: The stewards will do up the ruling and you will remit your payment. Okay?

MR. HARDY: Yes.

MR. CHAIRMAN: You're excused. Thank you.

CERTIFIED CORRECT: _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths