IN THE MATTER OF THE RACING COMMISSION ACT, S.0. 2000, c.20

AND IN THE MATTER OF THOROUGHBRED OWNER ROBERT SAVIOLA

AND TRAINER DON MACRAE

RULING

Thoroughbred Owner Robert Saviola and Trainer Don Macrae appealed the decision of the ORC Stewards to declare the 9^th race at Fort Erie Racetrack on September 16, 2001 as a dead heat.

On October 31, 2001, Vice-Chair Herbert Bryant convened to hear the appeal along with Commissioners Patricia Bullock and Thomas Deacon.

Robert Saviola and Donald Macrae appeared on their own behalf and Counsel Joanne Mitchell appeared for the Administration.

On hearing the testimonies of Donald Macrae, Harold Eder, Owen Corrigan, and ORC Steward Richard Grubb, on reading the exhibits filed and on hearing the submissions of the parties, the ORC panel allowed the appeal. The panel determined that the proper order of finish for the 9^th race on September 16, 2001, at Fort Erie Racetrack should be:

1. Nabethian

2. Sweeping Eva

The Reasons for Decision were provided orally and form part of the transcript.

Dated this 2^nd day of November, 2001 at Toronto.

BY ORDER OF THE COMMISSION

Jean Major

Executive Director