RULING NUMBER COM SB 046/2011

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 13, 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 TED JACOBS

On July 16, 2011 the Judges issued Official Ruling SB43918 wherein the horse Big Strike finished first and was not placed in accordance with Rules 22.09, 18.08.02 and Standardbred Directive 2-2010 in Race 7 at Hiawatha Horse Park on July 7, 2011.

On July 18, 2011, Ted Jacobs (“Jacobs”) filed a Notice of Appeal, pursuant to 2008 Rules of Standardbred Racing.

On September 13, 2011, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling convened for the purpose of hearing this matter.

Tom Miller appeared on behalf of the Administration of the ORC. Jacobs attended the Hearing and was represented by Randall Waples. Driver/Trainer Brad Kramer also attended the appeal and was represented by Robert Burgess.

After reviewing the evidence, and hearing the testimony of Judges Chuck Fraleigh and Wes Coke and Driver Brad Kramer and upon considering the closing submissions, the Panel allowed the appeal. The horse Big Strike finished first and is placed eighth. The official order of finish after placings is as follows:

1st Assignment

2nd Incredable Frank

3rd St Lads Freeman

4th Oaklea Torpedo

5th Holy Kadabra

6th Starlitestarbrite

7th Air Stewart

8th Big Strike

A 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

TED JACOBS

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TED JACOBS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of September, 2011.

Appearances:

Tom Miller,

agent for the Ontario Racing Commission Administration

Robert Burgess,Q.C. for an interested party Brad Kramer

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After carefully reviewing the sworn testimony and submissions the appeal succeeds. Mr. Kramer's horse is to be placed last. Relying on the testimony of two senior Judges there was a rule violation and as per the film Mr. Kramer's horse clearly goes inside four pylons. It is important that officials get their decisions right and it is just as important that our Judges in this instance recognized and admitted they missed the infraction and they were correcting, although, not correcting it right after the race. The officials are to change the order of finish and distribute the purse money accordingly. Questions? None? We are dismissed.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths