RULING NUMBER COM SB 044/2013

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 17, 2013

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF TYLER BORTH

Tyler Borth (“Borth“) appealed against Ruling Number SB 44575.

Date of Hearing: October 17, 2013

ORC Panel Member: Commissioner John W. Macdonald

Representative for Appellant: Self represented

Agent for the Administration: Neil McCoag

The Panel denied the appeal. Borth will serve his three-day driving suspension from October 23, 2013 to October 25, 2013, inclusive.

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

DATED at Toronto Ontario, this 23^rd^ day of October 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 TYLER BORTH:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TYLER BORTH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 17th day of October, 2013.

Appearances:

Neil McCoag,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I understand the difficulty Mr. Borth had. From my examination of that it looks like earlier on before the incident for which the placing was made that he seemed to be pushed out a bit by the number 3 horse COBBLE BEACH driven by Ryan Holliday. That wasn't the subject of this matter. That would have been a different thing and obviously the Judges didn't think it was significant enough that it would have affected the outcome of the race but I can see later on where Mr. Moore driving CAN ROCK HANOVER had moved out and it was far enough that the path he was taking was his at that stage and Mr. Borth's horse LOTSA CHROME then came up underneath him. So I can see where the interference call was made there. So in that respect I would deny the appeal as far as the incident. I'm a little concerned about the placing but I see because of the dead heat with the horse that he interfered with he would have to be placed behind that horse. So I have a new understanding of why he had to go to fourth. Otherwise the incident would have been such that he would have been, if CAN ROCK HANOVER had finished second, he would have probably have been placed third but because of the dead heat you don't have any choice. I've seen the video and that's the views I have of it. It's unfortunate that there was an earlier incident which wasn't serious but it was enough that Mr. Borth did get, it seemed, pushed out a bit into a slightly different path so taking his horse a little farther wide that he would want to go at that stage. In any event, if the offence is under Rule 22.05.01(a) it results in a three day suspension and the placing of the horse from 1st to 4th.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths