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 THE APPLICATION FOR 2005 RACE DATES
BY WOODBINE ENTERTAINMENT GROUP
On October 28, 2004, Chair Lynda Tanaka, and Commissioners Jane Garthson and George Kelly convened to hear the race date applications for the 2005 racing season.
Executive Director John Blakney and Director of Racing Terry Stone appeared for the Administration.
The Ontario Racing Commission, after reviewing the written submissions from the applicant and others, approved the following:
Live Thoroughbred Race Dates
Woodbine Racetrack 167
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 is available upon request.
Dated at Toronto this 3rd day of November, 2004.
BY ORDER OF THE COMMISSION
_____________________________
John Blakney
Executive Director
REASONS FOR DECISION
A panel of the Commission composed of the Chair, and Commissioners George Kelly and Jane Garthson held a hearing pursuant to the decision of the Governing Board of the Commission set out in the Notice to the Industry dated October 22, 2004, with respect to the application by Woodbine Entertainment Group ("WEG") for Thoroughbred race dates. The Board had determined that the issue to be addressed at the hearing was the issue stated in the submission of the Horsemen's Benevolent and Protective Association ("HBPA") dated October 21, 2004.
"The Thoroughbred horsemen require a ship-in date to train their horses in preparation of the race meet of no later than February 15, 2005 for reasons previously set out in our submission to the Commission dated October 13, 2004"
The HBPA agreed that the dates requested and the number of days set out in the amended WEG application of October 18, 2005, were appropriate.
The change in the application offered 47 days between the opening of racing and ship-in, rather than the 38 days provided in the original application. Despite the delay in the opening day, WEG maintained the same racing opportunities.
WEG argued that this Commission should not intervene in what is essentially an issue that should be negotiated in the context of the five-year contract. The HBPA argued that it has tried to negotiate for a February 15 opening of the backstretch to allow 60 days for training, the days they say are needed at the least to bring a horse to racing ready condition. The HBPA says it has no place to go for an independent assessment of the issue, except the Commission.
The Commission was advised that in opening of the backstretch, less than 50% of the horses scheduled to be housed there would be brought in during the first few days. The occupancy rate will increase as we move closer to opening day. Different trainers have different practices as to whether or not they train or race in the United States in warmer climate areas during the winter months. There are apparently trainers and horsemen who do not. The horsemen are free to make those decisions and they are free to vary their practice year to year and may well, depending on the horses they have to train and race and owners' needs.
One of the reasons given by the HBPA in support of their position was the need to address the issue of small field sizes. The submissions referred also to the backstretch being open all year round in the past.
Field sizes in Thoroughbred racing have been an issue for many years. We are not persuaded that an opening 15 days earlier is going to solve that problem, though we encourage HBPA to address it, sooner rather than later.
We agree with the submissions of WEG that the issue of a 15-day difference in the date of opening of the backstretch is not one that the Commission should determine in the context of the race dates application. There are many conditions dealing with the occupancy of stalls on the Woodbine backstretch that are set by Woodbine as the property owner with primary responsibility and liability.
The Commission has in recent years required backstretch improvement plans to be filed and approved as part of the licensing process and race dates application. This initiative addressed the public interest in the health and safety issues of race participants and the integrity of the sport. The Commission is not persuaded that this dispute is such a situation, given the options available to the horsemen.
A ruling will be issued approving the WEG Thoroughbred race dates application as amended October 18, 2004.
DATED this 3rd day of November, 2004.
___________________________
Lynda Tanaka
Chair