Christopher Kruba

A long‑serving employee brought a motion for summary judgment in a wrongful dismissal action seeking 24 months’ notice or, alternatively, statutory severance under the Employment Standards Act, 2000.

The court held that the employee’s entitlement to statutory severance pay could be determined summarily because the undisputed evidence established over 40 years of continuous employment and a payroll exceeding the statutory threshold.

Partial summary judgment was therefore granted for the maximum 26 weeks’ severance pay.

However, the broader claim for wrongful dismissal damages could not be determined because there was no evidence regarding post‑termination income or mitigation.

The remainder of the claim was directed to proceed to trial.

The Ontario Harness Horse Association sought judicial review of a decision by the Ontario Racing Commission to redistribute purse monies among racetracks.

The Commission had adopted a Framework to move purse funds from racetracks with profitable slot machine operations to those with more active wagering to re-invigorate horse racing.

The applicant argued the Commission lacked jurisdiction, claiming it conflicted with federal pari-mutuel regulations and interfered with existing contractual rights.

The Divisional Court dismissed the application, finding the Commission had broad regulatory authority under the Racing Commission Act, 2000, that its actions did not conflict with federal regulations, and that its regulatory powers permitted incidental interference with existing contracts.

The Ontario Harness Horse Association, Great Canadian Gaming Corporation, and the Northern Horsemen’s Association appealed the Director's decision regarding the 2011 Ontario Racing Program.

The appeals concerned the minimum number of race dates, scheduling, and redistribution of purse monies at certain racetracks.

The Ontario Racing Commission denied the appeals of OHHA and GCGC, but varied the decision for NHA by adding three race dates in December and dropping two dates for Sudbury Downs, resulting in 66 live race dates for 2011.

The applicant sought judicial review of a decision by the Ontario Racing Commission approving a reduced number of race days for two racetracks in 2007.

The applicant alleged a breach of procedural fairness and an error in denying it party status.

The Divisional Court dismissed the application on the ground of undue delay, noting the applicant waited five months into the racing season to bring the application, which would cause substantial prejudice to the racetracks if the calendar were overturned.

Windsor Raceway applied for 124 live race dates for the 2005 calendar year, following two previously deficient applications.

The Ontario Harness Horse Association opposed the reduction, arguing for a return to the 153 dates approved in 2003 and 2004.

The Commission criticized both parties for focusing on self-interest rather than the public interest.

The Commission ultimately approved a schedule resulting in 131 live dates and 1,965 live racing opportunities, emphasizing the need to resume racing and consider the broader public interest.

The Ontario Racing Commission held a hearing regarding Winrac Development Inc.'s failure to complete a new paddock at Woodstock Raceway by the amended deadline of August 3, 2004.

Winrac argued that the delay was caused by its landlord, the Woodstock Agricultural Society, and requested a suspended penalty.

The Commission rejected this argument, finding that Winrac failed to exercise due diligence in obtaining the necessary approvals from its landlord.

The Commission concluded that Winrac failed to comply with a requirement of the Commission and imposed a fine of $20,000.