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Ontario Racing Commission
**RULING NUMBER COM SB 026/2014**
**COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 15, 2014**
**NOTICE OF DECISION**
**IN THE MATTER OF THE RACING COMMISSION ACT, [S.O. 2000, c.20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);**
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## AND IN THE MATTER OF THE APPEAL OF ROBERT YOUNG
Robert Young, licence # B71023, appealed against Ruling Number SB 41/2014.
**Date of Hearing:** October 15, 2014
**ORC Panel:** John W. Macdonald, Commissioner
**Representative for the Appellant:** Self represented
**Agent for the Administration:** Thomas Miller
The Panel allowed the appeal in part by varying the fine to $40.00.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice
DATED at Toronto this 16<sup>th</sup> day of October 2014.
______________________________
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 ROBERT YOUNG:
Held Before:
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT YOUNG, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 15th day of October, 2014.
Appearances:
Tom Miller,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: 17.04 is pretty clear. From what Mr. Young and Mr. Miller and Mr. Hughes - it is not an unusual thing for entries to be put in at more than one track or from the wording of the rules declarations. That doesn't necessarily mean that it is correct but I assume the original rule was to keep people from possibly shopping around to see what they could get, what kind of a deal they could make and never mind the business decision. So technically Mr. Young has made a declaration to start his horse PIECE OF THE ROCK at more than one track so that is a violation of the rules and while it is a matter of interest to note that one other participant had the same problem the same day and got fined the same amount each case still stands on its own and the indications are that the trainer in this case Robert Young did expect a phone call to advise him of the change in class and that in my mind still doesn't make the difference that you had the opportunity to accept or decline. Notwithstanding that he for business reasons of his own and practicalities he decided to leave the situation as it was. It is a violation, Mr. Young. I do have some leeway and it is not much but I want to recognize that there were slightly different circumstances in each case and notwithstanding I have the authority to do this I'm going to keep the fine for the double entry but I'm going to reduce the amount to forty bucks. Any comments?
MR. MILLER: I better not.
MR. CHAIRMAN: Mr. Young?
MR. YOUNG: None. Thank you.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
minicounsel