Keith Cassell and Dr. Ian Moore, 2013 CanLII 62094

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 24, 2013

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

AND IN THE MATTER OF THE APPEALS OF KEITH CASSELL

and DR IAN MOORE

Keith Cassell and Dr. Ian Moore both appealed against the application of SB Rules 12.10.01 and 12.10.02 to their horses Utopia and Arthur Blue Chip, respectively.

Date of Hearing: September 24, 2013

ORC Panel Member: Chair Rod Seiling

Counsel for the Appellant: Robert Burgess

Counsel for the Administration: Jennifer Friedman

The Panel denied the appeals.

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

DATED at Toronto, Ontario, this 30th day of September 2013.

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

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

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF THE HORSE UTOPIA:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF THE HORSE ARTHUR BLUE CHIP:

Held Before:

Rod Seiling Vice Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: THE HORSE UTOPIA and THE HORSE ARTHUR BLUE CHIP, 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, 2013.

Appearances:

Jennifer Friedman,

for the Ontario Racing Commission Administration

Robert Burgess for the appellants

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeals. Both appellants were unable to provide cogent, clear and convincing evidence why the panel should grant the appeals thereby overriding SB rule number 12.10.01. It reads: "A horse making a break in each of two consecutive races must qualify unless the breaks were equipment breaks or caused by interference." That rule catches both horses as to future racing eligibility. UTOPIA, Mr. Cassel's horse has two consecutive breaks in races dated September 21, 2013 and September 12, 2013. ARTHUR BLUE CHIP, Dr. Moore's horse has three consecutive breaks September 22, 2013, September 1, 2013 and September 13, 2013 and therefore under the Rules of Standardbred Racing neither horse is eligible to race until it qualifies. The conditions of the Ontario Sire Stakes program are clear as stated in Exhibit 2 taken from the rules of the OSS guide for 2013. It reads: "All races shall be conducted in accordance with the rules of the Ontario Racing Commission". The submission of the appellants that the races in question were eliminations for a final and therefore SB 12.10.01 is not engaged is irrelevant. The rules as published by the OSS program, be it Exhibit 2 or Exhibit 6, the latter entered by the appellants, refer to the OSS races as legs therefore 11.02.01 does not apply. The testimony of judge Miller confirms this fact. I also note licensees are expected to know the rules of racing. That onus is indisputable. Based on the aforementioned neither horse is eligible to race in the Gold Finals of the Ontario Sire Stakes races to be held at Mohawk on September 28, 2013. The panel is empathetic to the plight of both appellants. It notes that the transition period related to the end of the Sire Stakes program on March 31, 2013 forced a compression of time. Normally the last Gold race would not be run before the Gold Finals. Compounding the problem is the track's lack of coordination of the respective qualifying days. Both horses may have had an opportunity to become eligible but as both Mohawk and Grand River qualify on the same day, Wednesdays, that opportunity was precluded as an option for them. The ORC has addressed the coordination of race dates. The panel suggests tracks work together in the same manner for the benefit of horsepeople re qualifying. The panel, as much as it might want to override the rules, is mandated by the Act to act in the best interests of racing and to protect the public interest. Allowing either appeal would find the Commission deficit on both accounts. Judge Miller's testimony supports that finding. Exceptions to the rules can and have been made as referenced in the Meerdink appeal (SB007/2013). The panel agrees with the finding in that decision in that in doing do the exemption should not disadvantage other participants. In this case other participants are abiding by the rules as promulgated both as they relate to the OSS program and the Rules of Standardbred Racing in Ontario. Thank you.

CERTIFIED CORRECT:______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths