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

QUARTER HORSE LICENSEE JOE TAVARES

On July 18, 2010, the Stewards at Ajax Downs had an inquiry into the start of the sixth race regarding #2 WIND DANCER. Edward Walton (103777), the jockey on #1 ZE SPECIAL MISSY, lodged a claim of foul against #2 WIND DANCER ridden by Jockey Anthony Phillips (119085)

After a review of the film patrol, pan and front tower views, and speaking with Jockey Edward Walton, the Stewards issued QH Ruling 6640/2010 on July 27, 2010, wherein #2 WIND DANCER was disqualified from fourth position and placed sixth for interference at the start with #1 ZE SPECIAL MISSY.

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 Joseph Tavares.

TAKE NOTICE THAT Tavares, having withdrawn his appeal of the Stewards’ decision to disqualify #2 WIND DANCER from fourth place to sixth in Race 6 on July 18, 2010, the order of finish will remain as officially posted.

1^st MERLOT TO GO

2^nd SMASHING JANE

3^rd ABIT OF BIGTIME

4^th SMOKENIZER

5^th ZE SPECIAL MISSY

6^th WIND DANCER

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: Okay, I'm going to allow you to withdraw your appeal with the proviso and Mr. Platts, I will leave it with you. I don't know who is presiding steward out at --

MR. PLATTS: Yes, I am and I understand.

MR. CHAIRMAN: You are. Then well, perfect.

MR. PLATTS: An education.

MR. CHAIRMAN: At your earliest convenience I think we need an educational seminar for trainers and jockeys and anyone else maybe who if owners want to attend as well. So my suggestion is it is not for next racing day but maybe you could post a notice of when you are going to do it and allow the greatest participation possible but a seminar or informational session, whatever you want to call it, as to how the stewards are interpreting and calling the rules. I think that would be helpful.

MR. PLATTS: Okay.

MR. CHAIRMAN: All right. Thank you. Thank you, Mr. Tavares. Have a good day.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths

Joe Tavares v. Ontario Racing Commission, 2010 CanLII 99100

Case Summary

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