RULING NUMBER COM TB 007/2014

COMMISSION HEARING TORONTO, ONTARIO JULY 23, 2014

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF LUIS CONTRERAS

Luis Contreras, licence number 133592, appealed against Ruling Number TB 8393/2013.

Date of Hearing: July 23, 2014

ORC Panel Members: Commissioner Sandra Meyrick

Counsel: Harvey A. Swartz

Representative for the Administration: Neil McCoag

The Panel denied the appeal. Contreras will serve his three-day suspension on August 10, 13 and 15, 2014.

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

DATED at Toronto this 30^th day of July 2014.

Rob McKinney

Acting 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 LUIS CONTRERAS:

Held Before:

Sandra Meyrick Chairperson

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: LUIS CONTRERAS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of July, 2014.

Appearances:

Neil McCoag,

agent for the Ontario Racing Commission Administration

Harvey Schwartz,

for the licensee Luis Contreras

Hearing commenced ...

MADAME CHAIR: Sorry, I am a little longer than I thought. Please sit. In the matter of the ORC versus Luis Contreras TB 8393/2013 Mr. Contreras was suspended for three racing days for going out with his mount AMI'S HOLIDAY and interfering with MATADOR ridden by Patrick Husbands during the run around the turn of the 8th race on November 17th, 2013. Judge McCoag represents the ORC Administration. Mr. Harvey Schwartz is counsel for Mr. Contreras. Both the Administration and Mr. Contreras have been provided ample time to prepare for this matter. On the evidence provided, including the race tapes which have now been reviewed for my benefit by no fewer than five witnesses, it appears that interference was caused by AMI'S HOLIDAY. Moving from the right the number 1 horse in the two path moving at least to the two and a half or three path in an effort to advance passed the number 5 horse. In doing so interference was caused with the number 3 horse of Husbands. In finding such interference and without any evidence provided of any reason why the standard penalty should not apply the appeal is dismissed and the three day suspension remains.

MR. MCCOAG: If I may, could we establish the three days at this point in time?

MADAME CHAIR: Sure.

MR. MCCOAG: How far have they drawn out to, Luis?

MR. SCHWARTZ: Well, I would ask for it to start next Wednesday if that's okay with the Administration. He has got or he tells me he is riding in the Haskell which is a million dollar race on Sunday in New Jersey and next Tuesday is the Prince of Wales on which he has a mount. So I think it would be logical, this is Wednesday, if he started next Wednesday he could take his three days Wednesday, Friday ‑‑

MADAME CHAIR: Well, he is riding Wednesday, right? We don't want him to miss that. You say he is riding on Wednesday?

MR. SCHWARTZ: No, he is riding on Sunday and on Tuesday

. MR. MCCOAG: He is asking that it starts next Wednesday.

MR. SCHWARTZ: Starts Wednesday. I think that would be logical and be fair to him.

MR. MCCOAG: We have no problem with that. So it would be next Wednesday, Saturday ...

MR. SCHWARTZ: Friday, Saturday.

MR. MCCOAG: The three race days at Woodbine.

MADAME CHAIR: Can you give me the dates of those and I will include them in the order. So it is July 30th is the first day the Wednesday?

MR. MCCOAG: I'm just trying to get the calendar up on mine.

MR. SCHWARTZ: That's correct. July 30th, Friday the 1st and Saturday the 2nd. That's what we are proposing.

MR. MCCOAG: It has been brought to my attention that consistently they assign the same days as the original penalty. So the original penalty started on a Sunday so there is a feeling that ‑‑

MADAME CHAIR: But do you have any difficulty if the penalty is served as has been recommended which accommodates the Administration but it also accommodates Mr. Contreras even if historically these penalties are served differently?

MR. FERNANDES: We can discuss it after. We will make arrangements with Mr. Schwartz.

MADAME CHAIR: Yes, I don't have a problem with that unless you want it in the endorsement, unless you want it in the reasons.

MR. MCCOAG: They would like to discuss it afterwards and we will have Mr. McMahon get a hold of Mr. Schwartz and Mr. Contreras and set the dates.

MADAME CHAIR: Okay, the dates, are you content with that?

MR. SCHWARTZ: I'm content provided it doesn't start before next Wednesday, yes.

MR. MCCOAG: It won't start before next Wednesday. It would start the following Sunday if we are trying to mimic the following days or the original days.

MR. SCHWARTZ: That's fine, as long as it can be put in your endorsement not to commence before next Wednesday.

MADAME CHAIR: The three day suspension shall be agreed upon.

MR. MCCOAG: So it will start then August 3rd and August 6th?

MR. SCHWARTZ: Wednesday is the 6th?

MADAME CHAIR: Well, can I just say no to commence before July 29th and that way Mr. Contreras can look at his race schedule as well?

MR. MCCOAG: We can do that.

MADAME CHAIR: Okay. So not to commence before the 30th because he is racing on the 29th.

MR. SCHWARTZ: Correct.

MR. MCCOAG: Okay and we will leave it to the ‑‑

MADAME CHAIR: I've just said the three day suspension shall be agreed upon by the parties, not to commence before July 30th, 2014. Adequate?

MR. SCHWARTZ: Thank you. That is adequate.

MADAME CHAIR: Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths