Tribunal File Number: 12219/HRLA
Appeal from a Notice of Proposed Order to Refuse to Issue a Licence issued by the Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act pursuant to the Horse Racing Licence Act, 2015, S.O. 2015, c.38, Sched.9 (“the Act”)
Brian Lawson
Appellant
and
Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act ,1996
Respondent
DECISION AND ORDER
ADJUDICATOR: Harriet Lewis, Member
Heard in person: November 4, 5, 2019
Written Submissions received December 8, 2019
APPEARANCES:
For the Appellant: November Davies, Agent
For the Respondent: Elizabeth Maishlish, Counsel
Nicolle Pace, Paralegal
REASONS FOR DECISION AND ORDER
BACKGROUND:
1Brian Lawson (“Mr. Lawson”) appeals to the Licence Appeal Tribunal (the “Tribunal”) from a Notice of Proposed Order to Refuse to Issue a Licence to Brian Lawson as an owner and trainer of Standardbred horses (the “Proposal”).
2On or about August 13, 2018, Mr. Lawson, applied for an owner and trainer licence (the “Application’) under the Horse Racing Licence Act, 2015, S.O. 2015, c.38, Sched. 9 (the “ Act”). After reviewing the Application, on July 10, 2019, the Deputy Registrar of the Alcohol and Gaming Commission of Ontario (the “Registrar”), issued the Proposal pursuant to s. 14 of the Act. The Registrar takes the position that there are reasonable grounds to believe that when acting as a licensee, Mr. Lawson will not carry out the role of a horse owner or trainer in accordance with the law or with integrity, honesty or in the public interest having regard to Mr. Lawson’s past conduct. The Registrar alleges that Mr. Lawson engaged in a hidden ownership scheme while not licenced, and carried on activities in contravention of the Act and the Rules of Standardbred Racing (the “Rules”). It is also the Registrar’s position that Mr. Lawson failed to disclose material information about his past sanctions on his Application.
3Mr. Lawson is 70 years of age. He has been involved in Standardbred horse racing business in Ontario from the time he was a child and has been a licenced owner and trainer for much of his adult life. He has a bachelor’s degree in science and had begun training as a chiropractor in the United States before returning to Canada to look after his family horse racing business. During the time of his engagement in horse racing he has amassed a lengthy history of industry-specific administrative actions, including licence suspensions in Ontario and elsewhere. His immediately previous Ontario licence was suspended in the spring of 2012 when the Ontario Racing Commission (“ORC”) issued a fine and five-year suspension for failing to comply with the rules of racing.
4Between 1999 and 2011 Mr. Lawson sustained three traumatic accidents. Two were car accidents, and one involved blows to his head and body from a horse. These have left him with traumatic brain injuries resulting in a substantial degree of physical and mental disability, including mobility impairment, poor balance, a poor short-term memory and ongoing depression. He has also had a long-time diagnosis of schizophrenia which resulted in delusions and which it is alleged was not properly treated until very recently. Although he has been living independently, he does so with the help of a part time caregiver and is being treated with therapies and medications for his conditions.
5Mr. Lawson admits many of the facts supporting the Proposal but denies his participation in a hidden ownership scheme. He attributes his dishonesty and general conduct to his disabilities, particularly his schizophrenia. He understands and admits that his previous actions and behaviour present difficulties for his licensure, but he asserts that his current medical regimen has regulated his behavior such that he does not pose a threat to horses, to the integrity of horseracing or to the public perception of horseracing. He asks that the Tribunal allow him “one last chance” for licensure.
6On the basis of the evidence before me and for the reasons noted below, I order the Registrar to carry out the Proposal to refuse Mr. Lawson his licence.
ISSUES:
7The issues to be decided in this appeal are:
a. Are there reasonable grounds to believe that were he to be licenced, Mr. Lawson will not act in accordance with the law, or with integrity and honesty or in the public interest having regard to his past conduct?
b. Has Mr. Lawson been carrying on activities that are or will be in contravention of the [Act](https://www.canlii.org/en/on/laws/stat/so-