RULING NUMBER COM QH 010/2010

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 10, 2010

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

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

QUARTER HORSE LICENSEE ANTHONY F. PHILLIPS

On September 28, 2010, the Stewards issued Quarter Horse Official Ruling 6822/10 wherein Anthony F. Phillips (“Phillips”) was given a penalty of a one-day riding suspension, October 3, 2010, for violation of rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.05, 11.12 and 11.14 of the Rules of Thoroughbred Racing.

Phillips was penalized for going out with his mount PLAYIN FAVORITES and interfering with the outside horses in the stretch run during the running of the first race on September 28, 2010 at Ajax Downs.

On September 30, 2010, Phillips filled a Notice of Appeal, pursuant to the Rule 13.17(b) of the Rules of Thoroughbred Racing.

On November 10, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.

Official Brian Newton appeared on behalf of the Administration of the ORC. Phillips appeared and was self-represented.

Phillips requested that his appeal be withdrawn.

Phillips will therefore serve his one-day suspension at Ajax Downs commencing on the first day of racing for the 2011 season.

A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.

Dated at Toronto this 18th day of November 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: QUARTER HORSE HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ANTHONY PHILLIPS

Held Before:

John Macdonald, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: ANTHONY PHILLIPS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 10th day of November, 2010.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Well, you and the other jockeys that race at the same track should be aware of this and it is not a difficult matter to advise the Commission that you plan to withdraw. As I recall from reading the material it is a one day suspension so it is a question of what that day is and the Administration would have to work with you to decide on what that day should be. Now has there been any discussion about that?

MR. NEWTON: No. Our feeling would be that that would be the first day of racing for 2011 at Ajax Downs. Unfortunately race dates are not quite finished yet but obviously once they are done but we can put in the ruling for the time being that it will be the first day commencing at Ajax Downs 2011 season.

MR. CHAIRMAN: You understand that, Mr. Phillips?

MR. PHILLIPS: Yes, sir.

MR. CHAIRMAN: Then since this is a day when we have other hearings it may be your lucky day in that event. I'm not going to add to the problems and we will allow you to withdraw your appeal.

MR. PHILLIPS: Thank you, sir.

MR. CHAIRMAN: All right. That's all. Thank you, counsel.

MR. NEWTON: Yes, sir.

MR. CHAIRMAN: You may be excused.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths