RULING NUMBER COM SB 048/2011

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 22, 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

STANDARDBRED LICENSEE PAUL MACDONELL

Paul MacDonell (“MacDonell”) appealed against Standardbred Official Ruling SB 34256 regarding the cancellation of the Ontario Sires Stakes Gold Elimination at Grand River Raceway on September 19, 2011.

On September 22, 2011, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear this matter.

Randy Bennett appeared on behalf of MacDonell. Jennifer Friedman appeared as counsel for the Administration.

Upon hearing the testimony of ORC Judge Rick Rier, and MacDonell, reviewing the exhibits filed, including precedent, and upon hearing the closing submissions, the Panel dismissed MacDonell’s appeal.

The transcript with the Panel’s Oral Decision is attached to this Ruling.

DATED at Toronto this 23rd 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 PAUL MACDONELL

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: PAUL MACDONELL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 22nd day of September, 2011.

Appearances:

Jennifer Friedman, for the Ontario Racing Commission Administration

Randy Bennett, for the appellant Paul Macdonell

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and reviewing the documents the appeal is denied. It strains reasonableness to allow a horse into a final of a race it is scratched, due to sickness, from its elimination event. Acts of god such as those that were on September 19th forced a cancellation of race 9 of the Gold OSS elimination. Under 1.09 it was determined in the collective best interests of racing the nine horses that were in to go would be allowed into the final. This did not include REBEL JET. The precedent cases SB035/2011 and the March 12, 2011 Cam Fella eliminations support the position of only allowing those horses properly programmed and ready to race into a cancelled future event. Thank you.

CERTIFIED CORRECT _________________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths