ORC Rules On Confederation Cup Appeal

Published: November 23, 2010 10:58 am EST

On Tuesday, November 23, the Ontario Racing Commission released its ruling on the appeal of BGs Folly owner Martin Goldman in regard to the 2010 Confederation Cup, which was won by Aracache Hanover

and driver Doug McNair.

On August 15, 2010, the final of the Confederation Cup was held as Race 12 at Flamboro Downs. The order of finish is listed below (click here to view the chart).

  1. Aracache Hanover
  2. BGs Folly
  3. Four Starz Trace
  4. Stonebridge Tonic
  5. Malicious

Martin Goldman, owner of BGs Folly, submitted a Notice of Appeal of Judges Ruling SB 42435, dated August 27, 2010, wherein after reviewing Race 12 at Flamboro Downs on August 15, 2010, and posting the inquiry sign, the Judges found no violation that would result in a placing.

2010 Confederation Cup - Aracache Hanover - 1:52.1

In his Notice of Appeal, Goldman raised the following issues:

  • a) The break of Aracache Hanover after the start; and
  • b) The driver of Aracache Hanover, Doug McNair’s, alleged violation of the
    whipping rules.

On November 17, 2010, an ORC panel consisting of chair Rod Seiling, commissioner Dan Nixon and commissioner Pam Frostad, was convened to hear the appeal.

Angela Holland appeared as counsel for the administration, Jean Marc Mackenize appeared as counsel for Goldman, Goldman attended the hearing in person and Robert Burgess appeared as counsel for Gregg McNair (trainer of Aracache Hanover), Douglas McNair (driver of Aracache Hanover) and the owners of Aracache Hanover.

Upon hearing the testimony of senior judge William Maertens, Doug McNair, and Paul MacDonell, upon reviewing the exhibits filed and upon hearing the submissions of Ms. Holland, Mr. Mackenzie and Mr. Burgess, the panel denied the appeal.

To read the overview and background on the situation, and the ORC's reasons for decision on the matter, read a copy of the official ORC ruling by clicking here.

(With files from the ORC)



Trevor Ritchie gets bounced from a big race for? Doug McNair doesn't get bounced for? This rule really needs to be more clearly defined to racing officials or to the industry as a whole, it seems to be very subjective. Maybe the racing development group can look at it or COSA or OHHA or SBOA or ORC or SBC or WEG, who really is in charge anyway?
By the way, they're hittin' just as hard with the new rule and still getting whipping violations with the hands in the handholds so what was really accomplished with this rule aside from what seems to be a lot of confusion?

Greg Parke

I can understand that the appeal for the breaking issue was not allowed, but how could Mr Mcnair not recieve at least a fine for violation of the whipping rule.In his testimony judge Maertens admits that McNair clearly did not have a hand in each handhold which in itself is a violation (see below rule) and no discipline for the infraction at all. Are the rules for everyone?

9. SB Rule No. 22.23.05 reads, “Violation of any of the provisions in Rule 22.23.01 to 22.23.04 may result in any of the following penalties: a) fine; b) suspension; c) placement; d) disqualification; and/or e) any other penalty ordered.”