COURT FILE NO.: 127/03
DATE: 20030310
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
PAUL MEGENS
Applicant
- and -
THE ONTARIO RACING COMMISSION
Respondent
Counsel:
Peter A. Simm, for the Applicant
Don Bourgeois, for the Respondent
HEARD: March 10, 2003
Oral Reasons for Judgment
ARCHIE CAMPBELL J.: (Orally)
[1] The Applicant waited four months to bring his application for judicial review and now moves for a stay pending the hearing of the application for judicial review.
[2] The application is essentially a re-argument of the case before the tribunal. Although some inadequacies in the reasons are alleged they are all fact driven. The applicant essentially seeks an appeal on the basis that the commission should not have accepted the evidence of Brown.
[3] The applicant need only show that there is a serious issue to be tried. Having regard to the very high standard of review set out in the McNamara case, patent unreasonableness or irrationality, and the fact that this application for judicial review is really an attempt to appeal on the facts, the viability of the application is open to serious question.
[4] As for irreparable harm the applicant's evidence is weak. The respondent alleges that the applicant's activities as an owner/driver/trainer in the year 2002 yielded relatively insignificant earnings of approximately $3,000. At the time of the hearing he owned only one horse, "Lucky", which he later sold. Whatever the accuracy or validity of the respondent's evidentiary material and arguments on irreparable harm, they demonstrate that the factual basis for the applicant's allegations of irreparable harm is very seriously in dispute.
[5] Having regard to the questionable viability of the application, the failure to demonstrate irreparable harm, the applicant's delay, and the availability of the hearing date for March 31st, there is no basis for a stay. The application is dismissed.
[6] The following time table is set: appellant's draft factum to the respondent by March 13th, appellant's authorities by March 18th, respondent's factum and authorities by March 27th, filing completed no later than March 28th, application fixed for hearing, half day, March 31st.
[7] Motion for stay is dismissed. Costs to the respondent fixed at $750, payable forthwith in any event of the cause.
Date of Reasons for Judgment: March 10, 2003
Date of Release: March 12, 2003
COURT FILE NO.: 127/03
DATE: 20030310
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
PAUL MEGENS
Applicant
- and -
THE ONTARIO RACING COMMISSION
Respondent
ORAL REASONS FOR JUDGMENT
ARCHIE CAMPBELL J.
Date of Reasons for Judgment: March 10, 2003
Date of Release: March 12, 2003