IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF WOODSTOCK RACEWAY
Winrac Developments Inc. made application to the Ontario Racing Commission:
a) to vary, defer or amend the 2004 Race Day schedule for the Woodstock Raceway in accordance with discussion with the Ontario Racing Commission and Ontario Harness Horse Association, and
b) to clarify and amend the 2004 Backstretch Improvement Plan for Woodstock Raceway and specifically the plans with respect to the Paddock to set dates ending on August 3, 2004 for the completion of the demolition and construction of a new paddock as per the earlier plan presented to the Ontario Racing Commission.
On May 20, 2004, Chair Lynda Tanaka, Vice Chair Larry Todd and Commissioners Bernard Brennan, DVM, Jane Garthson, David Gorman, George Kelly and Brenda Walker, convened to hear the application.
Chris Kruba appeared on behalf of Winrac Developments Inc., John Walzak appeared on behalf of the Ontario Harness Horse Association and Don Bourgeois appeared on behalf of the Administration.
Upon hearing the evidence of John Millson, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission decided and ordered as follows:
The Business plan as amended in Exhibit E to the Affidavit of Mr. Millson sworn May 20, 2004 is approved;
The race date schedule is reconfirmed on consent of OHHA and the company, with racing to start June 1, 2004. On the basis of the consents, there is no need to amend the OSS Schedule;
The Stakes barn floor, including stalls, are to be properly covered so as to make the barn safe and floors not slippery prior to May 28, 2004;
The Commission believes that the company has had a reasonable time to accomplish the rectification of what has been an ongoing problem that is recognized in the business plan for previous years;
With respect to penalty, failure by the company to comply with the amended business plan will result in severe and substantial penalties. Imposition of a penalty in the event of failure to comply with this order will be referred to a panel to be established by the Chair.
The reasons for decisions form part of the transcript of the hearing.
BY ORDER OF THE COMMISSION
Don Bourgeois
Acting Executive Director