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More Details On OSS/WEG Appeal

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Published: July 14, 2009 12:04 pm ET

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Trot Insider has discovered more information on the appeal from last week that delayed the draw for the Ontario Sires Stakes two-year-old pacing colt eliminations at Mohawk Racetrack.

The horse that caused the appeal was Warrawee Lad, a colt owned by Frank and Harry Loyens of Ontario and trained by Bill Robinson. Woodbine Entertainment Group rejected the entry based on the fact that no horses trained by Bill Robinson are allowed to race at WEG tracks, something that WEG has enforced since November 2003.

The hearing was on Thursday before the ORC judges at Mohawk, and the judges ruled in favour of WEG with reference to ORC Rule 1.09:

If any case occurs which is not or which is alleged not to be provided for
by the rules, it shall be deter mined by the Judges or the Commission as the case may be,
in such manner as they think is in the best interests of racing. Provided however, the
Commission in its absolute discretion may waive the breach of any of the rules, which
waiver or breach the Commission does not consider prejudicial to the best interests of
racing.

While an appeal on Robinson's behalf has been filed to the ORC, with the amount of time before the race no interim relief was available. The matter will now go to a judicial review at a date yet to be determined.

Representing Robinson is lawyer Ross Nicholson, a former trainer himself. Nicholson represented a group of owners last year when WEG rejected their entries. Ontario's Superior Court of Justice eventually sided with Nicholson and his clients Robert Hamather, Lloyd Nicholson, Gary Smith and Geoffrey Lyons Mound.


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