RULING NUMBER COM SB 043/2011
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 16, 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 OF DR. MICHAEL WILSON
Dr. Michael Wilson (“Wilson”) appealed against the decision to place his horse, Warrawee Nonsuch, on the Judges’ Starting List on September 13, 2011.
On September 16, 2011, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear this matter.
Wilson appeared on his own behalf. Jennifer Friedman appeared as counsel for the Administration.
Upon hearing the testimony of Judge Rick Rier, Starter James Roselle, Driver Jason Brewer, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel denied Wilson’s appeal.
The transcript with the Panel’s oral Reasons for Decision is attached to this Ruling.
DATED at Toronto this 20th day of September 2011.
BY ORDER OF THE COMMISSION
Rob McKinney (Acting) Executive Director ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
DR. MICHAEL WILSON
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DR. MICHAEL WILSON, 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 September, 2011.
Appearances:
Jennifer Friedman, For the Ontario Racing Commission
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully reviewing the testimony, the evidence and the documents submitted the appeal is denied. The evidence is clear the horse did not want to move into the appropriate starting position as required by the Rules of Racing. There was no interference and that's a fact supported by the film, the evidence of the starter, the drivers and the Judges. In as much as we would like to be helpful there are rules and they have to be adhered to in order to protect both the public and the participants. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths