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

AND IN THE MATTER OF STANDARDBRED OWNER/DRIVER/TRAINER

DONALD MCELROY

Standardbred owner, driver and trainer Donald McElroy (E06147) appealed the July 7, 2003 ruling of the Ontario Racing Industry Board of Appeal that placed TYRONE DILLON 2^nd and BONE CRUSHER 1^st in the 9^th race at Elmira Raceway on May 19, 2003.

On October 14, 2003, Chair Lynda Tanaka, Commissioner Brenda Walker and Commissioner Bernard Brennan, DVM of the Ontario Racing Commission convened to hear the appeal.

Mr. McElroy appeared on his own behalf and Jody Jamieson (R77736), driver of the horse BONE CRUSHER and Kyle Reibeling (P92564), trainer of the horse BONE CRUSHER appeared on their own behalf.

Upon hearing the testimony of Judge Bill Pennington, Mr. McElroy, Mr. Jamieson and Mr. Reibeling, upon reading the exhibits filed, and upon hearing submissions on behalf of the parties, the Ontario Racing Commission granted the appeal. The order of finish is as follows:

Tyrone Dillon – 1st

Bone Crusher – 2^nd

Brisk Success – 3rd

Brantfords Best – 4^th

Tara Ballyduff – 5^th

Midnites Boy – 6^th

Casual Al – 7^th

The Commission gave oral reasons for its decision, which are part of the transcript.

Dated this 15th day of October 2003.

BY ORDER OF THE COMMISSION

Jean Major

Executive Director