RULING NUMBER COM SB 044/2012

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 23, 2012

IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF

STANDARDBRED LICENSEE GORD BROWN

On September 3, 2012, the Judges issued Standardbred Official Ruling SB44392 wherein Gord Brown (“Brown”) was given a 3-day driving suspension for violation of SB Rule 22.05.01(g) (i) for causing confusion or interference among the trailing horses while driving “Umiztagoodthing” in race 8 on September 2, 2012 at Rideau Carleton Raceway.

On September 3, 2012, Brown filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On October 23, 2012, 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. Brown appeared and was unrepresented.

After reviewing the evidence and hearing the testimony of witnesses Kyle Forgie, Thomas Dalborg and Judge Donald Raymond and upon considering closing submissions, the Panel denied the appeal. Brown will serve the 3-day driving suspension on October 28, 29 & 30, 2012.

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

DATED at Toronto this 1^st day of November 2012.

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 GORDON BROWN

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GORDON BROWN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of October, 2012.

Appearances:

Tom Miller,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. The issue before us today is did the appellant Gordon Brown violate Standardbred rules 22.05.01(g) and (i) in the 8th race on September 2, 2012 at Rideau Carlton. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. Reasons for decision: the standard of proof is on a balance of probabilities with the onus of proof on the Administration of the ORC. Based on the evidence it is reasonable to conclude the appellant Mr. Brown did violate rule 22.05.01 (g) and (i). The issue is not a slow quarter but the manner in which the slowing took place. The video of the race clearly shows the confusion. The testimony of Judge Raymond, on a balance of probabilities, reasonably shows that Mr. Brown's slowing down during the race caused the confusion. That evidence is supported by the testimony of drivers Forgie and Dalborg. Seeing the race live gives the Judges perspective that one cannot see on the video and therefore the testimony of Judge Raymond is given extra weight. The penalty of three days as assessed by the Judges is not varied. The panel took into consideration the aggravated factor that a key mandate of the ORC is protecting the health and welfare of horses and participants. The panel recognizes that the driver in the lead has the ability to control the pace of the race. However, that driver has a responsibility not to endanger others in the race by a sudden slowdown causing confusion behind.

Any questions? None, thank you.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths