RULING NUMBER COM TB 003/2011

COMMISSION HEARING TORONTO, ONTARIO – MAY 11, 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

THOROUGHBRED LICENSEE HARLEQUIN RANCHES

On November 21, 2010, the Stewards at Woodbine Racetrack issued Official Ruling TB 6903/10 concerning the running of the fifth race on November 12, 2010 at Woodbine Racetrack. Following the running of the race there was a Stewards inquiry and a claim of foul by Jockey Emile Ramsammy (“RAMSAMMY”) that the horse ADREAMANDAPRAYER was interfered with during the stretch run by the winner KRYSTAL SCEPTER. The Stewards determined that there were no violations in the running of this race and declared the race official in accordance with -Rule 11.12.

On November 15, 2010, Harlequin Ranches (“HARLEQUIN RANCHES”) filed a Notice of Appeal pursuant to Rules 13.17.02, 13.17.03, 13.17.05, 13.17.07 and 13.17.09 of the Rules of Thoroughbred Racing.

On May 11, 2011, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Brian Newton appeared as agent for the Administration. HARLEQUIN RANCHES was represented by Shale Wagman.

Upon hearing testimony of Senior Steward Richard Grubb, Jockey Emile Ramsammy, upon reviewing the exhibits filed and upon hearing the submissions of Newton and Wagman, the Panel denied the appeal. The official order of finish will stand.

A transcript of the Panel’s oral decision is attached to this Ruling.

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

BY ORDER OF THE COMMISSION__________________________

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF HARLEQUIN RANCHES,

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: HARLEQUIN RANCHES, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 11th day of May 2011.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Shale Wagman, counsel for Harlequin Ranches

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After carefully considering the testimony, the evidence and documents submitted the appeal is denied. There was contact as noted. The contact was incidental and did not affect the final outcome of the race, albeit it might have been closer. It is clear that number 9 KRYSTAL SCEPTER from the video had the momentum down the stretch and would pass a tiring number 10 ADREAMANDAPRAYER. It is also clear and supported by the testimony of Steward Grubb that number 10 ADREAMANDAPRAYER came out a bit and number 9 KRYSTAL SCEPTER may have moved in a bit. The stewards acted correctly in posting the inquiry sign on viewing contact as is normal policy. The fact that the sign is posted is in no way relevant to the final decision by the stewards after their review of the film and discussion with the jockeys involved. Thank you.

MR. NEWTON: Thank you.

CERTIFIED CORRECT _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths