RULING NUMBER COM QH 002/2011

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 9, 2011

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

QUARTERHORSE LICENSEE CHANTELLE BOURGEOIS

On September 18, 2011, following the running of the first race at Ajax Downs, a jockey claim of foul was lodged by Helen Marie Vanek (“Hooked on Special”) for alleged interference in the stretch run by the horse “Holme Kookin” ridden by Tony Phillips and trained by Chantelle Bourgeois (“BOURGEOIS”).

After reviewing the race film and speaking with the Jockeys involved, the Stewards allowed the jockey’s claim of foul. The Stewards issued Official Ruling QH 7301/11 wherein “Holme Kookin” finished in 1st position and was placed 3rd for interference on the horse “Hooked on Special”.

On September 19, 2011, BOURGEOIS filed a Notice of Appeal, pursuant to the Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On November 9, 2011, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.

Brian Newton appeared on behalf of the Administration for the ORC. BOURGEOIS attended the hearing in person and was self represented.

Upon reviewing the evidence, and hearing the testimony of Steward Neil McCoag, Jockeys Erika Smilovsky, Tony Phillips and BOURGEOIS, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal.

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

Dated at Toronto, Ontario this 16th day of November 2011.

BY ORDER OF THE COMMISSION __________________________________

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

QUARTER HORSE HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CHANTELLE BOURGEOIS

Held Before:

John Macdonald, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CHANTELLE BOURGEOIS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of November, 2011.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Hearing commenced ...

MR. CHAIRMAN: My difficulty here, as you can all appreciate, from what I've seen and I have had a lot of evidence given as to just what happened. The 3 stumbled a bit coming out of the gate. There was what was described as incidental bumping between the 3 and 2 and the field, the important part of the field, the 2, 3 and 4 all drifted it would appear, notwithstanding the camera angle may not be quite as accurate at Ajax. I feel like the appellant that the 2 horse should share more responsibility here but that's not what the appeal is all about. The appeal is relating to the 4 horse only. If the 2 horse had been involved in this appeal there might be a different outcome and there might be a different placing but that's the Stewards' decision. What the Stewards found was that the 4 horse did angle in, did come over and did interfere at a very crucial time in the race with the 3 horse. Now whether or not, to use the words of Mr. Phillips, rider Vanek panicked and tried to pull her horse back. Notwithstanding that, the 4 horse did actually, even though it would appear to be only a few steps, did actually come over and interfere with the 3. So in that respect I have to agree with the Stewards' disqualification notwithstanding the fact that the other horses that were involved in this, particularly what seemed to me was the 2 horse sort of started this panorama of bumping and moving over. The 4 horse could have stayed on a straighter path, in which case there may not even have been the dead heat. He might have won and there wouldn't be any question but the 4 horse from the video does appear to have moved over. Therefore, I am going to deny the appeal and leave the placing as done by the Stewards. Thank you all for your help.

CERTIFIED CORRECT _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths