RULING NUMBER COM SB 038/2011

COMMISSION HEARING TORONTO, ONTARIO – AUGUST 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 BY STANDARDBRED LICENSEE MARC BERNIER

On July 18, 2011, standardbred licensee Marc Bernier, (“BERNIER”) appealed the Judges’ Ruling SB42643 wherein the horse “Hot Copy” did make a break in a qualifier at Mohawk Racetrack on July 8, 2011, and therefore did not qualify in accordance with Rule 12.09 of the Rules of Standardbred Racing. The appeal centered around the charting of Hot Copy with a broken equipment symbol “BE”

On August 16, 2011, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner Brenda Walker, convened to hear the appeal.

Rick Rier appeared as agent for the Administration. BERNIER attended the hearing in person and was unrepresented.

Upon hearing the testimony of Judge Don Lawrence and, BERNIER, and upon hearing closing submissions, the Panel dismissed the appeal.

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

Dated at Toronto, Ontario this 24th day of August 2011.

BY ORDER OF THE COMMISSION ____________________________

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF MARK BERNIER:

Held Before:

Brenda Walker, Commissioner

These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: MARK BERNIER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga , Ontario, on the 16h day of August, 2011.

Appearances:

Rick Rier

agent for the Ontario Racing Commission Administration

hearing continued ...

MS. WALKER: I can make this decision right now and unfortunately, you know, with the testimony and no added evidence brought forward I'm going to have to disallow the appeal. I know your concerns and I think it is something that should be maybe conveyed to trainers a little bit more, the protocol. You know, just what can happen and maybe if you had known or your trainer had known at that time, if you could have known where the shoe was off and got that information to the Judges that morning it could have made a difference to you. I'm not saying it would but if your starter, your patrol Judge; I guess they are the same person now, said no, I found that shoe right where he made the break then that may have assisted them and you may have got the benefit of the doubt, you know, to get that. So just something to think about down the road. Okay?

MR. BERNIER: Absolutely. I think that's the issue is that if we would have known where the shoe came off. It did come off at some point during the qualifier.

MS. WALKER: Yes and you know, if Mr. Shaffer or yourself, if you had been there and if he had known saying where was that shoe, where did you find it and they had said well, I found it at the head of the stretch then you could have relayed or you could have asked him to relay that information to the Judges and they may have, you know; I'm not saying they would because they would have to look at everything but there could have been a determination that yes, that caused the break.

MR. BERNIER: So what I'm gathering is the onus is on the owner/trainers.

MS. WALKER: It is.

MR. BERNIER: To figure out where exactly the shoe fell off?

MS. WALKER: Well, it was on their onus to ask the paddock Judge where he found the shoe, okay? And then they could have relayed that information to the Judges to help them to determine whether the horse deserved a broken equipment or an equipment break, okay? Thank you very much.

CERTIFIED CORRECT__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths