Robyn Ryan Bell

The applicants, members of the Brooks family and their associated racing stables, brought a motion to quash or stay an Order of Immediate Suspension and a Notice of Proposed Order issued by the Ontario Racing Commission.

The applicants alleged that the Administration's investigation and proceedings constituted an abuse of process due to delay and failure to provide adequate disclosure and particulars.

The Panel dismissed the motion, finding that the Administration had fulfilled its disclosure obligations in a timely manner given the volume and complexity of the investigation, and that adequate particulars had been provided.

The Panel found no abuse of process and directed that the matter proceed expeditiously to a hearing on the merits.

Following the dismissal of an appeal regarding a receiver's decision to permit a corporation in receivership to plead guilty in an American criminal trial, the respondents sought costs.

The appellants argued no costs should be awarded as the issues were novel and complex.

The Court of Appeal rejected this argument, finding the appeal involved a standard review of a Commercial List judge's discretion.

The Court awarded costs to the respondents on a partial indemnity basis, fixing the amounts at a fair and reasonable level rather than actual costs incurred, payable by Lord Black and Conrad Black Capital Corporation.