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

AND IN THE MATTER OF STANDARDBRED

OWNER/DRIVER/TRAINER DAVID DUNCAN

RULING

Owner/Driver/Trainer David Duncan appealed a Standardbred Racing Industry Appeal Board decision dated July 16, 2001, wherein the panel upheld Judges Ruling Number 24452. Pursuant to the Judges Ruling, Mr. Duncan was suspended for three racing days (June 2 to June 4, 2001) for a violation of Standardbred Rule 22.13 while driving the horse “THE STATESMAN A” in the 10^th race at Mohawk Raceway on May 26, 2001.

On October 18, 2001, ORC Chair Stanley Sadinsky, Q.C., convened to hear the appeal along with Commissioners Dr. Bruce Duncan and Ernest Nock.

David Duncan appeared on his own behalf and Counsel Joanne Mitchell appeared on behalf of the Administration.

On hearing the testimonies of ORC Judge Tom Miller, Tony Kerwood and David Duncan, on reading the exhibits filed and on hearing the submissions of the parties, the Commission allowed the appeal.

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

Dated this 23^rd day of October, 2001 at Toronto.

BY ORDER OF THE COMMISSION_________________________

Jean Major

Executive Director