*AMENDED RULING NUMBER COM SB 051/2013

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 21, 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 DOUG MCNAIR

Doug McNair appealed against Ruling Number *SB 45854.

Date of Hearing: November 21, 2013

ORC Panel Member: Commissioner John W. Macdonald

Council for the Appellant: Robert Burgess

Agent for the Administration: Tom Miller

The Panel denied the appeal. The penalty of $500 and the 15-day driving suspension is upheld. Suspension dates are December 2 to 16, 2013, inclusive.

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

DATED at Toronto, Ontario, this 29^th day of November 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 DOUG MCNAIR:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DOUG MCNAIR, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of November, 2013.

Appearances:

Tom Miller, agent for the Ontario Racing Commission Administration

Robert Burgess, Q.C. for the appellant Doug McNair

Hearing continued ...

MR. CHAIRMAN: Thank you gentlemen. The urging violations that were talked about, Rule 22.23.1 and from what I could see from the video and the evidence that there was an excessive use. A number of times Mr. Walker pointed out that the initial whipping was not of concern. It happened half way through the stretch when there were six or seven hits that seemed a little extreme, including what was seen, whether it was accidental or not as Mr. McNair thought, the horse was hit between the legs and you are right, Mr. Burgess, we have come a long way on this as far as having rules. The public sees what we do and this is why the urging rules, as I understand it, came in to show them that we are thinking about the horse and what is happening. What other drivers did in the race is of interest but it is not determinative of what happened here. It is Mr. McNair that is charged. Unfortunately Mr. McNair, even though he does drive a lot, he still has to follow the rules whether it is 2,000 races or as you indicated, Mr. Burgess, someone who only drives fifty. You certainly would expect that he would be exposed more to that but because of his experience in driving so much he also is more experienced in knowing what the rules are and when he can urge his horse on and when the horse basically says I've done all I can or we are at the wire and continuing what can only be described as a somewhat excessive use of the whip brings the rules into play. As a result of which I am going to deny the appeal and then we have to deal with the fine of $500.00 and because this is a third offence under the rules that there is a fifteen day suspension and you will have to discuss the timing of the enforcement of the suspension.

CERTIFIED CORRECT:_______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths