RULING NUMBER COM TB 016/2014

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 15, 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 EURICO DASILVA

Eurico DaSilva, licence # 125179, appealed Ruling Number TB ADMIN 54/2014.

Date of Hearing: October 15, 2014

ORC Panel: John W. Macdonald, Commissioner

Representative for the Appellant: Robert King, Jr., Secretary Manager Jockeys’ Benefit Association

Agent for the Administration: Thomas Miller

The Panel allowed the withdrawal of the appeal without costs. The decision of the Stewards was upheld and the three-day suspension will be served on October 24, 25 and 26, 2014.

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

DATED at Toronto this 16th day of October 2014.

Steven Lehman

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 EURICO DA SILVA:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: EURICO DA SILVA, 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

Robbie King, agent for Da Silva

Hearing continued ...

MR. CHAIRMAN: I have had the material for a couple of weeks and I have read it and the costs of the Administration in putting this together. We won't talk about Mr. Miller, his cost. He was going to be here, as was Mr. McMahon and Mr. Campbell. In any event, I would like you to make it clear to the people that we normally would expect some portion of costs be paid of course for the matter being thrown away but under the circumstances you indicated that you had advised the Administration of the expected change from the appeal to withdrawal. If that had been two weeks ago then it is unfortunate but we should have all known that at the time. Anyway, I will accept the withdrawal of the appeal and we will leave it at that. Thank you, gentleman.

MR. MILLER: Can Mr. McMahon discuss with Mr. Da Silva regarding the dates?

MR. CHAIRMAN: Fine.

(DISCUSSION OFF THE RECORD)

MR. MILLER: For the court reporter the days that have been agreed upon will be October 24, 25 and 26, 2014.

MR. CHAIRMAN: Thank you, gentlemen.

MR. MILLER: Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths