RULING NUMBER COM SB 023/2015

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 14, 2015

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF

TERRY FRITZ

Terry Fritz, licence # E26038, appealed against Ruling Number SB 47813 issued to him on August 25, 2015.

Date of Hearing: October 14, 2015

ORC Panel: John W. Macdonald, Commissioner

Representative for the Appellant: Self-represented

Agent for the Administration: David Stewart

Decision:

The Panel denied the appeal.

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

DATED at Toronto this 22^nd day of October 2015.

Jean Major

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 TERRY FRITZ:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TERRY FRITZ, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 14th day of October, 2015.

Appearances:

David Stewart,

Agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I understand that you felt that while you started off in a tough position inside the pylons, from then on you couldn’t get back out to straighten it out. We understand that becomes a difficult position for you. Whether you launch an objection or not the difficulty we have is the video shows that you violated those rules. I don’t know why there are broken pylons but the judges obviously felt that that was a good reason for not to levy any fines and I assume that also means the other driver that had gone inside the pylons that day? Counsel, can you help me with that?

MR. STEWART: Yes, that’s correct. Mr. Conn was not fined either for the violation.

MR. CHAIRMAN: So there is some benefit to having a broken pylon I guess. It means there are no fines. Thank you, Mr. Fritz. The difficulty is and I have listened to what you have all had to say. Unfortunately the rules are there. If there had been an objection that might have made a difference with the judges’ decision but it is a question of the placing and the rules are such that having gone inside on three pylons that the placing got changed and the horse went from its finishing to in the end being placed 7^th. While I understand your position that you felt somewhat intimidated and losing your place on the track the rules were clearly broken by going inside the three pylons. Thank you all.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths