IN THE MATTER OF THE RACING COMMISSION ACT, [S.O. 2000, c. 20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);
AND IN THE MATTER OF 2002 LIVE AND INTERTRACK RACE DATES FOR RIDEAU CARLETON RACEWAY
On October 23rd, 2001, Chair Stanley Sadinsky Q.C. and Commissioners Patricia Bullock, Tom Deacon, Bruce Duncan and Ernest Nock convened to hear the application.
Executive Director Jean Major, Legal Counsel Don Bourgeois and Manager of Information Services Wendy Hoogeveen appeared for the Administration.
Legal Counsel Robert Lewis and Director of Racing and Marketing Ron Barr represented Rideau Carleton Raceway. Legal Counsel Jean Marc MacKenzie appeared for Ontario Harness Horse Association. Ottawa horseman Gordon MacDonald also appeared before the Commission.
The Ontario Racing Commission, after hearing the submissions from the applicants and the parties to the hearings, did not approve the application for live race dates. The application was dismissed without prejudice to Rideau Carleton Raceway submitting another application for race dates.
The Reasons for Decision form part of this Ruling.
DATED this 31st day of October, 2001.
BY ORDER OF THE COMMISSION
Jean Major Executive Director
Rideau Carleton Raceway (Rideau) has applied for 127 days of live racing in the months of April through November 2002. At the hearing, this application was opposed by the Ontario Harness Horse Association (OHHA) and by Ottawa horseman, Gordon MacDonald. In addition, we received a letter dated October 22, 2001, from Ottawa horseman, Ted McDonald, and a petition signed by 97 "Rideau Carleton Raceway Horsepeople", all opposing the application.
The current application is opposed on the basis that it would involve a reduction of some 21 live race dates from 2001, and most important, that there would be no winter racing at Rideau for four months, viz. January through March, 2002, and again in December, 2002. The horsepeople submit that many have settled in the Ottawa area, hired employees and developed their stables on the basis that there would be year round racing at Rideau. They argue that the long hiatus of three or four months could not be compensated for by increasing the number of live dates during the summer months. They further submit that there are no viable alternative venues for winter racing in eastern Ontario and the two nearest tracks in the Province of Quebec, Aylmer and Montreal, for the most part, race horses at different levels from those racing regularly at Rideau. There has been winter racing at Rideau over the past two years and while conditions are not ideal, the horsepeople have indicated that they are able to cope with the facilities.
Rideau resists winter racing due to weather conditions and because the related increased costs render winter racing uneconomical. It is Rideau's view that its experiment with winter racing in 2000 and 2001 has been a failure. Rideau also points out that the Judges' stand is inadequate, that there are problems with frozen pipes, a leaking roof and a lack of storm windows.
Rideau argues that racing 127 live dates in 2002 would still involve an increase of approximately 40% over the number of live dates raced before slots were introduced at Rideau in February, 2000. Rideau has also indicated that if it is able to market its racing signal in the Toronto market, it is willing to apply for additional dates in 2002.
We note that this is the third application for race dates for 2002 filed with us in the last six weeks: the first was for 60 days; the second was for 90 days; and, this last one is for 127 days. In our view, this demonstrates an ambiguity and uncertainty on the part of Rideau as to just how many live race dates are viable and appropriate for 2002. Furthermore, we are not satisfied that further alternatives have been explored, which, from the perspective of the horsepeople, would render any break in racing operations more manageable having regard to their cash flow requirements over the winter months.
In our GEN 15/2001 decision, dated October 11, 2001, we approved a reduction in live race dates for both Hiawatha Horse Park (Hiawatha) and Kawartha Downs Raceway (Kawartha). Rideau has argued that it should be treated in the same manner. In those two cases, we took into account a number of relevant factors which were specific and unique to each of those applications. Neither of those tracks has raced continuously during the winter months in the past as has Rideau and the horsepeople at both Hiawatha and Kawartha have much better alternative racing opportunities during the winter having regard to their respective locations. Furthermore, acceptable alternative racing opportunities were available in each case. Clearly, each application must be determined on its own facts and special circumstances.
In the result, we have concluded that this current application should be dismissed without prejudice to Rideau's right to bring forward a further and better application. It is not the role of the Commission to micro-manage the operations of industry participants and so we refrain from imposing specific race dates on Rideau. We trust that it will soon come forward with a revised application with the above observations in mind.
DATED this 31st day of October, 2001.
Stanley Sadinsky, Q.C. Chair