A. Harari

The applicant sought judicial review of a decision by the Ontario Racing Commission that allocated Standardbred Revenue Allocation marketing funds between two horsepersons' associations.

The applicant argued the Commission exceeded its jurisdiction by recognizing a new association and altering a longstanding Memorandum of Understanding.

The Divisional Court dismissed the application, finding that the Commission's broad statutory powers to govern and regulate the horse racing industry in the public interest permitted it to modify existing legal rights to resolve a longstanding dispute over languishing funds.

The standard of review was reasonableness, and the Commission's decision was justifiable, intelligible, and within the range of acceptable outcomes.

The appellant appealed a Licence Appeal Tribunal decision finding it violated the Liquor Licence Act by serving underage and intoxicated patrons, resulting in a five-day licence suspension.

The appellant argued it had exercised due diligence through staff training.

The Divisional Court dismissed the appeal, finding that the staff failed to properly check identification or assess intoxication, thereby failing to establish due diligence.

The court also upheld the five-day suspension as a reasonable penalty.