Ontario Racing Commission

TB

AMENDED RULING NUMBER COM SB 016/2010

COMMISSION HEARING TORONTO, ONTARIO – MARCH 17, 2010

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

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE YVES FILION

On December 18/09 the Judges issued Standardbred Official Ruling SB41631 wherein Mr. Filion was fined $200 and suspended from driving for 3 days and the horse “Quincy Bayama” was placed from 2nd to 9th for violation of ORC Rule 22.23.04(a). Mr. Filion failed to keep a line in each hand and did strike the horse with the whip.

On December 20, 2009, Mr. Filion filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On March 17, 2010, a Panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purposes of hearing this matter.

Tom Miller appeared on behalf of the Administration of the ORC. Mr. Filion attended the Hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Judge Don Raymond, and upon considering the closing submissions, the Panel allowed the appeal in part. Mr. Filion shall serve a 3-day driving suspension (March 23, 24 & 25, 2010 inclusive) and pay a $200 fine, however, the placing of the horse “Quincy Bayama” is overturned and this horse is reinstated to the 2nd place finish.

The Transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 17th day of March, 2010.

BY ORDER OF THE COMMISSION

John L. Blakney Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED INDUSTRY APPEAL HEARING

IN THE MATTER OF YVES FILION

This is an excerpt of the hearing of the Ontario Racing Commission re: YVES FILION, in the above mentioned matter held before The Ontario Racing Commission, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, on the 17th day of March, 2010.

Heard before: Brenda Walker, Commissioner

Appearances:

Tom Miller & Neil McCoag, Representatives for the Ontario Racing Commission Administration,

Hearing continued ...

MR. MILLER: All rise please. This appeal hearing before the Commission is back in session.

CHAIRMAN: Okay. On the appeal of Mr. Filion I have allowed the appeal in part. I am going to allow the suspension of three days and the fine of $200.00 will be kept but the placement; I am ordering the placement to go back to the way it was. The horse will be put back to second and we will decide when your days will start. I will talk to Mr. Miller.

MR. MILLER: Yes. If you would like to establish the days right now before Mr. Filion leaves we can do that right now if you would like. One day has to be at Rideau Carlton, one of the days that you race, since the infraction was at Rideau Carlton.

MR. FILION: You said I'm getting three days?

CHAIRMAN: You are getting the original suspension and fine which is the three days and $200.00 but because of I think different factors which we showed on the tape and which I am going to change, put the placing of the horse, back to the original placement.

MR. FILION: Okay. So let's say next week because I am racing there this weekend. The following week I'm racing now Thursday, Friday and Sunday.

MR. MILLER: Thursday so you want to take three days and you will take Thursday, Friday and Saturday?

MR. FILION: I don't want to take three days but I have to. I have to, right? And it has got to be three consecutive days?

CHAIRMAN: Yes, so you have go the next three days.

MR. MILLER: So next week do you want to take Tuesday, Wednesday and Thursday?

MR. FILION: That? I can do that too? Okay, it has got to be one day at Rideau, right.

MR. MILLER: Tuesday, Wednesday, Thursday, all right?

MR. FILION: Right. That's good, yes.

MR. MILLER: All right, so I am going to ask you when you get back there Donny, to write him up for Tuesday, Wednesday, Thursday. Thank you, Ms. Walker. That establishes the dates and Mr. Raymond will write that up when he gets back.

MR. FILION: Very good. Okay, thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths