IN

Ontario

Racing

Commission

RULING NUMBER COM QH 009/2010

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 10, 2010

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

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING

BY QUARTER HORSE LICENSEE JEFFREY MACLAREN

On October 3, 2010 the Stewards issued Quarter Horse Official Ruling QH 6836/10 wherein Jeffrey MacLaren (“MacLaren”) was appealing the disallowed claim of foul on #5 LIL FISHY from race 8 September 28, 2010 at Ajax Downs. Ontario Commission Rules 11.12, 11.09.01 and 11.09.05.

On September 28, 2010, MacLaren filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On November 10, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.

Official Brian Newton appeared on behalf of the Administration of the ORC. MacLaren attended the hearing and was represented by Bob Broadstock. Doug Cheetham appeared on behalf of the horse LIL FISHY.

After reviewing the evidence, hearing the testimony of Steward Ed Hall and upon considering the closing submissions, the Panel denied the appeal.

Therefore the original order of finish remains as follows:

1. Lil Fishy
2. Dashers Six
3. Silkstreak and Dash
4. Who LI Stop the Rain
5. Jazzy Classy Miss
6. All Wacked Out
7. Executive Girl
8. Touched by the Moon

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

Dated at Toronto this 18^th day of November 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: QUARTER HORSE HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JEFF MACLAREN

Held Before:

John Macdonald, Chairman

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

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I'm obviously concerned that what we had here was, as was said, a non decision and I can understand the Stewards' difficult because of all of the horses involved in the jump up or the jump out or run around or bumping. It was just a total confusion which I understand does happen, especially in quarter horse racing where there is such a short time span from start to finish. The 1 horse to me seemed to be more of a, if you want to have a villain in the piece, it would be the 1. Now Mr. MacLaren, the difficulty you had was you didn't get out of the gate as well as you probably normally do with that horse or any others. You were in a position that put you behind some of the traffic jam but what we are here to decide here today; we have seen the videos and we have heard the evidence from some of the parties involved. We didn't hear from the jockey on the 5 horse. I've gone over your reference here and you seem to be focusing on something that the Stewards had noticed occurred, Mr. MacLaren but in any event the appeal here is your horse, Mr. MacLaren, on the horse that won LIL FISHY. LIL FISHY did have some bumping at the start. If it had been a decision as far as the placement goes of the horses between 1st and 2nd or something like that then I would or might have taken a different position but the foul claim unfortunately on the 5 horse is denied. I don't think we can establish that but I would say that the difficulty would be the placing and that's why I did ask Mr. Hall what the order of finish was and I'm a little bit concerned that the Stewards just threw up their hands and the fact you finished back and whether or not you may have had a better placing or not wasn't something determined, especially with the 1 horse. Firstly, in this situation the 1 horse was not under the foul claim here and the Stewards had made their decision notwithstanding that it was quite clear that the 1 horse did a little more bumping and took a few others out of their position which left it wide open for LIL FISHY to come down the middle of the track and with no one anywhere near. In any event, the short answer is that the foul claim will be disallowed and I'd ask the Administration and the Stewards to do what they can; it's too late to do something on this one but in other cases they are going to have to sit down and in my view work it out as to what the proper order of finish should have been. Thank you all for your attention and trying to help me with a difficult decision.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths