ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF a hearing before a panel of the Ontario Racing Commission;
AND IN THE MATTER OF a race date application by WINDSOR RACEWAY to the Ontario Racing Commission for 2005 Race Dates
This is an excerpt of the proceedings before a panel of the Ontario Racing Commission re: WINDSOR RACEWAY, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, Canada, at the offices of The Ontario Racing Commission, Toronto, Ontario on the 18th day of January, 2005.
Appearances:
C. Kruba, for Windsor Raceway,
Arlen K. Sternberg, for an interested party OHHA,
Tim Snell, for the Administration.
DISCIPLINE COMMITTEE PANEL PARTICIPANTS:
Larry Todd (Vice-Chair)
David Gorman
Dr. Bernie Brennan
THE CHAIRMAN: We lost a few bodies. I apologize for being ten minutes longer than we said we would be. These are our unanimous conclusions for this evening, as far as we can go. The public interest, in general, mandates and requires that racing be resumed at Windsor at the earliest opportunity, if at all possible. From the submissions made to us, all appear to be in agreement in this regard. We would note that in our view it is the rare occasion when racing should be stopped in circumstances such as this where we are approaching now a third week without live racing at a significant and substantial racing institution such as Windsor Raceway.
The reasons for our decision here this evening will be enunciated at a future date once transcripts are available to us to clarify and will refine some of the finer nuances of the evidence and submissions we have heard this afternoon and this evening. Windsor Raceway's application found at Exhibit 1, tab 4, is for 124 race dates "based on the calendar which would have been 131 race dates for the year". We have concluded that the applicant Windsor Raceway is at least in part responsible and/or contributing to us being here on January 18th considering Windsor Raceway's third race date application.
The wisdom and the merit of their second application, which was filed with us on December 23rd, 2004, was commented on in reasons given by the entire Commission on December the 30th, 2004. We are therefore prepared to approve the application at tab 4, Exhibit 1, with two conditions which Windsor Raceway, the applicant, shall have the option to accept, if so advised, in writing to the Executive Director by 12:00 noon, Thursday, January 20th, 2005. These conditions are as follows. Windsor Raceway will add and position appropriately seven additional race dates and bring their total compliment for calendar 2005 to 131 days of live racing. Second condition (b), there will be an average of fifteen lives races per race date for the 131 race dates, it being understood that Windsor Raceway and OHHA may alter the total number of races per card by joint written agreement if they are so advised and reach such a conclusion.
These conditions, if accepted by the applicant, will result in approximately 1,965 live races, a number which exceeds significantly the number of races in calendar 2000 when Windsor Raceway raced 184 days. Our reasons, in due course, will make it clear that the current unacceptable stoppage of racing and the alienation or potential alienation of Windsor's fans and the betting public are allowing us to proceed in this fashion, which we are not entirely satisfied is the optimum. Should the conditions that we have enunciated as above not be accepted as aforesaid this application by Windsor Raceway shall be forthwith rejected effective 12:01 p.m. on Thursday the 20th of January, 2005 and this conclusion is the unanimous findings of the three member panel. Mr. Snell, is there anything that I have not covered?
MR. SNELL: No, sir.
THE CHAIRMAN: Mr. Sternberg?
MR. STERNBERG: No.
THE CHAIRMAN: Mr. Kruba?
MR. KRUBA: No, sir. Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths