RULING NUMBER COM QH 008/2010

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 10, 2010

IN 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 6863/10 wherein Jeffrey MacLaren (“MacLaren”) was given the penalty of a one race day riding suspension, October 10, 2010, for violation of the Rules: 11.12, 11.09.01, 11.09.03, 11.09.05, 11.07, 11.14, 9.14.01, 9.14.02 and 9.14.03 of the Rules of Thoroughbred Racing.

MacLaren was penalized for going in with his mount PRIVATE EYE and interfering with the horse JESS HARMONY BLUES in the stretch run during the running of the twelfth race on October 3, 2010, at Ajax Downs.

On October 4, 2010, MacLaren filled a Notice of Appeal, pursuant to the 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 for the ORC. MacLaren attended the hearing and was represented by Bob Broadstock.

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

MacLaren will therefore serve his one-day suspension at Ajax Downs commencing on the first day of racing for the 2011 season.

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

Dated at Toronto this 18th 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: Thank you, gentlemen. I've seen the video a number of times and the evidence of Mr. Hall, Mr. Mercieca and Mr. MacLaren. It is difficult when it is in close quarters like that and there is little time to make a decision, however, even though it was a fraction of interference and the horse came all the way across, Mr. MacLaren, with no noticeable action on your part to try and pull the horse over with the reins; now obviously you were trying to do something by hitting with the stick to try and keep him from going all the way over. The difficulty was that you couldn't quite do it in such a short time that you had to correct that. Obviously had it been a thoroughbred race you would have more time to correct him. Here just a slight impediment of the 1 horse makes a difference in placing so the Stewards decided to place the 5th place 4th it wasn't an indication of a serious infraction. You weren't placed last or anything like that. It was an infraction none the less and the one day suspension may seem harsh but under the circumstances it is more an indication of just maybe you could have tried a little harder to do something other than just using the stick. The evidence on the stick was not conclusive. I know that Mr. MacLaren's view of that is it can help the horse. Other witnesses didn't think so and Mr. Mercieca pointed out in today's racing with the urging rules and the difference in the whip you don't have the same force notwithstanding your abilities. As result I am going to deny the appeal and leave the placing the same. I'm mindful that the Stewards were not unanimous in their decision and I can see the difficulty there. It wasn't a clear cut violation to some of the rules that I'm sure you have been involved in and I have seen but none the less there was some interference so the suspension for one day will stay and unless the Administration has a different view that will be the first day of the riding season starting 2011 at Ajax Downs. Thank you, gentlemen.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths