RULING NUMBER COM TB 009/2013

COMMISSION HEARING TORONTO, ONTARIO – JUNE 11, 2013

NOTICE OF DECISION

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

AND IN THE MATTER OF THE BRIAN LYNCH APPEAL

Brian Lynch appealed against Ruling Number TB 7924/12.

Date of Hearing: June 11, 2013

ORC Panel Members: Chair Rod Seiling

Counsel for Appellant: Shale Wagman

Representative for the Administration: Gunnar Lindberg

The Panel denied the appeal.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto this 12^th day of June 2013.

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF BRIAN LYNCH:

Held Before:

Rod Seiling Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BRIAN LYNCH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 11th day of June, 2013.

Appearances:

Gunnar Lindberg, for the Ontario Racing Commission Administration

Shale Wagman. for the appellant Brian Lynch

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. The issue before me today is did the appellant's horse Tex interfere with the 9 horse Tormented Fiera and the 4 horse Star Contender causing interference at the head of the stretch on October 9, 2012 at Woodbine at the Cup and Saucer Stakes. 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 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 Tex did, in changing lanes early into the turn, interfere with the 4 horse Star Contender who then interfered with Mr. Stein's horse. The video of the race confirms the movement out and was admitted to by jockey Contreras. The testimony of Steward Grubb who Mr. Lynch said was an expert reasonably supports the testimony of jockeys Husbands and Stein as to the events on the turn with the horse switching leads early and moving out. Tex was not in the clear and interfered with other horses. Thank you.

MR. WAGMAN: Thank you.

MR. LINDBERG: Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths