RULING NUMBER COM TB 020/2011

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 9, 2011

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

THOROUGHBRED LICENSEE EMMA-JAYNE WILSON

On September 24, 2011, the Stewards issued Official Ruling TB 7289/11 wherein Emma Jayne Wilson (“WILSON”) was given a three-day riding suspension for coming in with her mount “Maximum Exchange” and interfering with “Thursday” in the vicinity of the three eights pole during the running of the first race on September 23, 2011, at Woodbine Racetrack. “Maximum Exchange” was disqualified from second position and placed fourth.

On September 25, 2011, WILSON filed a Notice of Appeal, pursuant to the Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On November 9, 2011, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.

Brian Newton appeared on behalf of the Administration for the ORC. WILSON attended the hearing in person and was represented by Peter Howard.

Upon reviewing the evidence, and hearing the testimony of Senior Steward Richard Grubb and Jockeys Luis Contreras and WILSON, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal. WILSON will serve a three-day riding suspension, with two days stayed. Should WILSON commit any riding infraction within a calendar year (November 17, 2011 to November 17, 2012, inclusive) the stay shall be lifted and added to any penalty deemed appropriate by the Stewards. WILSON will now serve her one day on November 16, 2011.

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

Dated at Toronto, Ontario this 16^th day of November 2011.

BY ORDER OF THE COMMISSION __________________________________

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF EMMA JAYNE WILSON

Held Before:

John Macdonald, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: EMMA JAYNE WILSON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of November, 2011.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Peter Howard,

for the licensee

Hearing commenced ...

MR. CHAIRMAN: I do see where the word careless is used in that section but from what I have seen I'm not convinced of that. Although there is a disqualification, I'm going to exercise my discretion and reduce the suspension to one day, which is still an indication that there is something here but I'm not convinced that it was to the point where it was serious enough that it warranted three days. I realize that's not a big distinction but I wanted to make that distinction and I don't know when you can talk about the particular day with her because the meet is over, I assume. So can I leave that?

MR. NEWTON: Just so we are clear, it is just a one day suspension or there is going to be a three day suspension and two are stayed?

MR. MACDONALD: Well, to be clear, I don't expect any other problems but it is a three day suspension with the other two held, subject to any future infractions. In which case, if there is any infraction within the next, I'd say, calendar year then the suspension will go ‑‑

MR. HOWARD: Sorry to interrupt but I don't think the meet is over so I don't think there is a particular problem finding a day?

MR. NEWTON: Not an issue.

MR. CHAIRMAN: Okay. I knew it was close.

MR. NEWTON: I have no further questions. Maybe the Stewards - Ms. Wilson, I assume you are riding today and we can maybe figure out what day you are drawn up to. So we can speak to you. Okay?

MR. HOWARD: Thank you.

MR. CHAIRMAN: Okay, the matter is concluded.

MR. NEWTON: Thank you.

MS. WILSON: Thank you.

CERTIFIED CORRECT _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths