At a hearing on Tuesday, January 13, 2009, members of the Ontario Racing Industry Board of Appeal allowed the appeals of drivers Greg Dustin and Larry Nickle
.
As a result, the Board ruled that the horse Dream Well would be placed, and a new order of placing created. As well, the driving record of Mr. Nickle will be amended accordingly.
The written reasons for the Board of Appeal's decision, including the order of finish, can be viewed at the following links.
The decisions made by the Board of Appeal on the other appeals heard January 13 and 14, 2009 will be released when completed.
Under the Rules of Racing and the Racing Commission Act, 2000, licensees are entitled to appeal any decisions or rulings of the judges or delegated officials. An appeal may deal with placings, penalties, interpretations of the rules, or other questions dealing with the conduct of racing.
Hearings to appeal fines of less than $500 or a suspension are less than 30 days are held before the Ontario Racing Industry Board of Appeal. Appeals involved in matters greater than these can be appealed to a panel of the Commission.
The Ontario Racing Industry Board of Appeal is an independent body which plays an integral role in the system of fairness and due process. All decisions from the Board of Appeal can subsequently be further appealed by a licensee to a panel of the Commission.
All ORC officials are called upon to make sound, deliberate decisions, based on the Rules of Racing. In some cases, the decisions are vigorously contested as ‘unfair.’ But that is the nature of officiating.
That is why the process of appeal is so important to ensure fairness and soundness of every decision. It is also in keeping with our mandate to protect the integrity of racing in an open and accountable manner.
(ORC)
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