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

AND IN THE MATTER OF 2006 LIVE AND INTERTRACK RACE DATES

On October 27, 2005, Commissioner David Gorman presiding as Panel Chair, and Commissioners Bernard Brennan and Jane Garthson convened to hear the race date applications from Belleville Agricultural Society for Quinte Exhibition & Raceway, Kawartha Downs Limited for Kawartha Downs Raceway, 405730 Ontario Ltd. for the New Hiawatha Horse Park, and from Windsor Raceway Inc. for Windsor Raceway.

The Administration of the Ontario Racing Commission was represented by Brendan Van Niejenhuis, Legal Counsel and Wendy Hoogeveen, Manager of Information Services.

The Ontario Racing Commission, after reviewing the written submissions and hearing oral representations from the applicants and the Ontario Harness Horse Association, approved the following:

Live Standardbred Race Dates

Quinte Exhibition & Raceway 25

Kawartha Downs Raceway 104

Simulcast Race Dates

Quinte Exhibition & Raceway 364

Kawartha Downs Raceway 364

All post times were approved as applied for.

The Ontario Racing Commission, after reviewing the written submissions and hearing oral representations from the applicants, the Ontario Harness Horse Association and the Administration, adjourned the hearing on the application for Windsor Raceway and made no decision at this time on the application for The New Hiawatha Horse Park.

Reasons for Decision form part of this Ruling.

Calendars of the approved Live Dates form an attachment to the ruling.

Dated at Toronto this 28th day of October, 2005.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

REASONS FOR DECISION

At a hearing before a panel of the Commission on October 27, 2005, applications were heard for race dates for 2006 from Belleville Agricultural Society, Kawartha Downs Limited and The New Hiawatha Horse Park. An application from Windsor Raceway Inc. was deferred to a later date. The panel has carefully reviewed the written submissions and oral presentations of the track operators, and the written and oral submissions of Ontario Harness Horse Association (OHHA) and is unanimous in the resolution set out in these reasons.

With respect to the application by Belleville Agricultural Society for Quinte Exhibition and Raceway, the track was requested to address the reasons why race dates should be granted for 2006, given the representations that have been made in the past by the Society that 2005 would be the last season of racing at the existing track facility.

The Commission heard from the track operator, the proponents of a new racing and slots facility in Belleville and OHHA. Based on those presentations and the written material submitted earlier by Quinte and OHHA, the panel is satisfied that it is in the best interest of racing to allow the track to operate for one final year. The panel was given to understand that there should be no obstacles to opening the new facility by the start of 2007. We received strong verbal assurances to this effect.

Therefore the 2006 race dates, simulcast dates and backstretch improvement plan are all approved for Quinte on the condition that no application would be submitted or considered for the year 2007 for the existing facility.

With respect to the application by Kawartha Downs Limited on behalf of Kawartha Downs Raceway, the Board was advised that OHHA and the track were meeting prior to October 27 and that OHHA had requested that no decision on race dates be made until after that meeting. The parties were asked to appear before us to advise whether there were outstanding issues concerning the race date application, and if so, to present the justification for their respective positions, alternatively to advise of the agreement reached.

Representatives of Kawartha Downs and OHHA appeared and advised that the parties had agreed on the race dates, provided the racetrack and OHHA jointly review, after three months of Tuesday and Thursday racing, wagering levels under this schedule relative to the historic Tuesday and Saturday schedule. If wagering is unsatisfactory, the track will request an amended schedule.

On that basis, the 2006 race dates, simulcast dates and the backstretch improvement plan for Kawartha Downs are all approved.

The panel also heard a presentation from Mr. Jim Henderson and Mr. Robert Locke representing The New Hiawatha Horse Park, and from Mr. Walzak representing OHHA. Although we consider the Hiawatha presentation to be complete, and therefore do not require Hiawatha to be represented at the resumption of this Hearing, we will withhold issuing a ruling until such time as the Windsor application has been heard.

With respect to the Windsor application, the Administration requested that the Hearing proceed on this date, but that it be adjourned at the end of the various presentations so that the Administration would have time to review recently submitted written material. Mr. Chris Kruba, Counsel for Windsor Raceway, indicated that rather than have his presentation split by an adjournment later today he would prefer an immediate adjournment. Mr. Walzak indicated he was prepared to speak to the issues today, or at a later date.

After due consideration the panel ordered an immediate adjournment and further ordered that the parties find a mutually agreeable date in the immediate future at which time this Hearing will resume.

DATED this 28^th day of October, 2005.

Original signed

David Gorman, Panel Chair