RULING NUMBER COM TB 016/2013

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 19, 2013

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF EMMA JANE WILSON

Emma Jane Wilson (“Wilson”) appealed against Ruling Number TB 8148/13.

Date of Hearing: September 19, 2013

ORC Panel Members: Chair Rod Seiling

Representative for Appellant: Self- represented

Agent for the Administration: Gunnar Lindberg

The Panel denied the appeal. Wilson’s suspension will be on September 29, October 2 and 4, 2013.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto, Ontario, this day 23^rd^ day of September 2013.

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

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

Held Before:

Rod Seiling Chairman

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 19th day of September, 2013.

Appearances:

Gunnar Lindberg,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Okay. The appellant Emma-Jayne Wilson admitted to violating Thoroughbred Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03 and 11.09.05. After carefully listening to the testimony and reviewing the evidence and the documents filed the panel denies the appeal. The standard of proof is on the balance of probabilities with the onus of proof on the Administration of the ORC. The appellant Emma-Jayne Wilson did admit violating the rules. The testimony of Steward McMahon, on the balance of probabilities, reasonably supports that the minimum penalty is three days for such offenses and that penalty has been the standard for such offenses for at least ten years. Based on that ORC standard the penalty assessed by the stewards is not varied and is set at three days. The panel took into consideration the aggravating factor that she did admit to the violation but also the mitigating factor of her good previous riding record. This hearing is ended.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths