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

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

THOROUGHBRED LICENSEE JOSIE CARROLL AND ROBERT SMITHEN

On September 22, 2012, the Stewards issued Thoroughbred Official Ruling TB 7802/12 wherein the Stewards disallowed the claim of foul by Jockey Patrick Husbands, in accordance with TB Rules 11.12, 13.17.01, 13.17.03, 13.17.05, 13.17.07, 13.17.09 and 13.19 following the 6th race on September 22, 2012 at Woodbine Racetrack.

On September 26, 2012, Trainer Josie Carroll (“Carroll”) filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On October 23, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Tom Miller appeared on behalf of the Administration of the ORC. Carroll failed to appear.

At the request of owner Robert Smithen and the Administration, the Panel dismissed the appeal.

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

DATED at Toronto this 1st day of November 2012.

BY ORDER OF THE COMMISSION ________________________________

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JOSIE CARROLL

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JOSIE CARROLL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of October, 2012.

Appearances:

Tom Miller,

for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Sir, I don't need to hear from you. I'm going to accept the recommendation of the ORC's Administration to dismiss the appeal. I am also going to request that the ORC Administration take the appropriate action and contact Ms. Carroll and take any appropriate action it might deem necessary as to deal with why she did not come and attend her appeal and we will leave it at that.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths