RULING NUMBER COM TB 011/2012

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 24 2012

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 ROSS ARMATA

On August 10, 2012, the Stewards issued Official Ruling TB 7692/12 wherein a claim of foul was lodged by Jockey Emile Ramsammy, alleging that his mount “Erma Lee” had been interfered with by “Medabuck” which was ridden by Jesse Campbell on the run down the backstretch of the second race on August 8, 2012 at Woodbine Racetrack. “Erma Lee” is Owned by On The Run Stable and Trained by Ross Armata (“ARMATA”)

On August 10, 2012, ARMATA filled a Notice of Appeal, pursuant to the Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On September 24, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Brian Newton appeared on behalf of the Administration for the ORC. ARMATA attended the hearing in person and was self represented.

Upon reviewing the evidence and hearing the testimony of Senior Steward William McMahon, Jockey Jesse Campbell, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal. The order of finished will stand as the Stewards declared Official.

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

Dated at Toronto, Ontario, this 1st day of October 2012.

BY ORDER OF THE COMMISSION

Steve Lehman

Acting Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ROSS ARMATA

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROSS ARMATA, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 24th day of September, 2012.

Appearances:

Brian Newton,

Agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. As to reasons, 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 that the horse ERMA LEE was not interfered with. The video of the race when you add the pan shot shows the unlikelihood of any bumping occurring which was the testimony of jockey Campbell. As well, the testimony of Steward McMahon on a balance of probabilities also supports a denial of the appeal. Thank you.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths