RULING NUMBER COM TB 030/2010

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 2, 2010

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 TYLER PIZARRO

Thoroughbred Jockey Tyler Pizarro (“PIZARRO”) (ORC Licence #109628), appealed Ruling TB 6726/2010, dated August 24, 2010, wherein he was fined the sum of $300 and suspended for one racing day, August 29, 2010, for raising his hand above his head while urging his mount, “Alezzandro” during the 8^th^ race on August 23, 2010, at Fort Erie, in violation of Rule 9.27.07(a) of the Rules of Thoroughbred Racing.

On December 2, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner John Macdonald as Chair, was convened to hear the appeal.

Angela Holland appeared as counsel for the Administration. Robert King appeared on behalf of PIZARRO.

Given the recently completed review of the urging rules and subsequent recommendations of the ORC Committee of Inquiry, the Administration did not dispute the appeal.

Upon hearing submissions of counsel for the Administration and of Mr. King and considering the exhibits filed, the Panel ordered that the penalty be withdrawn.

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

Dated at Toronto, Ontario this 7^th^ day of March 2011.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF TYLER PIZARRO

Held Before:

John Macdonald, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: TYLER PIZARRO, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 2nd day of December, 2010.

Appearances:

Angela Holland, counsel for the Ontario Racing Commission Administration

Robbie King, agent for Tyler Pizarro

Hearing continued ...

MR. CHAIRMAN: Counsel, I am not going to oppose the withdrawal but Mr. King, I know you have the opportunity to meet with the jockeys and they have all had the opportunity to sit with the stewards and other members of the Administration about the rules so we hope that 2011 will be a better year they tuck their whip under their arm a little bit more at times, especially the ones I've watched and I shouldn't go on, on this but after there seems to be no response from the horse that's an even more ridiculous act and it a series of frustrations from the jockey. In any event, this matter is also withdrawn.

MS. HOLLAND: Thank you, sir.

MR. KING: Thank you, Mr. Chair.

CERTIFIED CORRECT__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths