IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;

AND IN THE MATTER OF 2003 LIVE AND INTERTRACK RACE DATES

On October 10, 2002, Chair Stanley Sadinsky, Q.C. and Commissioners Patricia Bullock, Tom Deacon, Ernest Nock and Bernard Brennan convened to hear the applications. Commissioner Brennan did not sit on the Rideau Carleton application and took no part in the decision.

Executive Director Jean Major, Legal Counsel Don Bourgeois and Manager of Information Services Wendy Hoogeveen appeared for the Administration.

The Ontario Racing Commission, after hearing the submissions from the applicants and the parties to the hearings, approved the following:

Live Race Dates

Thoroughbred Dates

Woodbine Racetrack 167

Fort Erie Racetrack 117

Quarter Horse Dates

Picov Downs Racetrack 30

Standardbred Dates

Woodbine Racetrack 148

Mohawk Raceway 113

Flamboro Downs Raceway 262

Windsor Raceway 153

Western Fair Raceway 99

Georgian Downs Raceway 104

Rideau Carleton Raceway 125

Hiawatha Horse Park 63

Elmira Raceway 50

Hanover Raceway 31

Dresden Raceway 20

Clinton Raceway 17

Woodstock Raceway 18

Intertrack Race Dates

Woodbine Racetrack 364

Fort Erie Racetrack 364

Picov Downs 30

Mohawk Raceway 364

Flamboro Downs Raceway 364

Windsor Raceway 364

Western Fair Raceway 364

Barrie Raceway 364

Hiawatha Horse Park 364

Elmira Raceway 364

Hanover Raceway 364

Dresden Raceway 364

Clinton Raceway 364

Woodstock Raceway 364

All post times were approved as applied for.

Calendars of the approved Live Dates form an attachment to the ruling. A complete calendar for all tracks will be available following the consideration of the applications of Kawartha Downs, Quinte Raceway and Sudbury.

Dated at Toronto this 25th day of October, 2002.

BY ORDER OF THE COMMISSION

Jean Major

Executive Director

The Ontario Racing Commission hereby grants the following Live Race Dates, Intertrack Race Dates and Off Track Wagering Dates at teletheatres for both domestic and foreign product for 2003 as follows. Implicit in the granting of dates is the renewal of a racetrack’s existing teletheatre licenses. In order to utilize race dates, each track will require renewal of its Racetrack Licence. This function is performed by the Director of the Commission pursuant to the provisions of the Racing Commission Act, 2000.

THOROUGHBRED DATES

Woodbine Racetrack 167 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

The Horsemen’s Benevolent and Protective Association (HBPA) has opposed the application on the grounds that it does not as yet have a contract with WEG for racing in 2003. Evidence of a contract is not a requirement of the Commission for granting race dates.

Fort Erie Racetrack 117 Live Race Dates ­– Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

QUARTER HORSE DATES

Picov Downs Racetrack 30 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Picov’s application for live race dates involves an increase of 8 days over the previous year. While we applaud this increase, we have serious concerns as to whether Picov will be able to attract sufficient horses and riders required by the increase. We will carefully monitor Picov’s race programs in order to ensure that there are sufficient horses, riders and races to constitute viable racing days.

The Commission also approves the Off Track Wagering Dates at Teletheatres in Ajax, Pickering and Whitby as requested. This is done provided the betting permit issued for these teletheatres remains in the name of the Woodbine Entertainment Group which also received our approval for these dates, and that an Agreement between the WEG and Picov to operate these teletheatres will remain in effect through 2003.

STANDARDBRED DATES

Woodbine Racetrack 148 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Mohawk Raceway 113 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Windsor Raceway 153 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Dresden Raceway 20 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Woodstock Raceway 18 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Flamboro Downs Raceway 262 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Hiawatha Horse Park 63 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Hanover Raceway 31 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Clinton Raceway 17 Live Race Dates – Post Times as requested; all Intertrack Race Dates as requested.

Elmira Raceway 50 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Western Fair Raceway 99 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Georgian Downs 104 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Rideau Carleton Raceway 125 Live Race Dates – Post Times as requested; all Intertrack Race Dates and Off Track Wagering Dates at teletheatres as requested.

Commissioner Brennan did not sit on this matter and took no part in the decision.

Rideau Carleton has applied for 15 fewer live race dates this year. This application was opposed by the Ontario Harness Horse Association which indicated that its members wanted more not fewer dates. Rideau Carleton provided a comprehensive business plan for 2003 and an impressive analysis of its operations in 2002 to date.

It is clear that Wednesday programs have been a failure at Rideau Carleton in spite of very aggressive marketing. Instead, of racing on Wednesdays, Rideau Carleton proposes to add additional races on the days that it operates in order to give its horsemen an even greater number of racing opportunities. We are hesitant to substitute live race days for