IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
WOODBINE ENTERTAINMENT GROUP
The Woodbine Entertainment Group made an application to cancel its remaining Sunday Standardbred days at Woodbine Racetrack (May 6th and May 13th, 2007) due to an issue of horse supply and a shortage of participants.
On May 1, 2007, a panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Vice Chair Hon. James Donnelly and Commissioner Brenda Walker, convened to hear the matter.
Luisa Ritacca appeared at the hearing for the Administration; Wendy Hoogeveen for the Administration; Nick Eves, Jamie Martin and Jane Holmes for Woodbine Entertainment Group; John Walzak for the OHHA; and Christopher R. Kruba for Windsor Raceway Inc.
On reading the exhibits filed and on hearing the submissions of the parties, the Commission ordered as follows:
The Panel approves WEG’s application to cancel the May 6th and 13th Standardbred race dates at Woodbine on the following condition:
(a) WEG must schedule one extra race on each day of the remainder of the Meet, plus two extra races on Saturdays. These extra racing opportunities will mitigate, to some degree, the loss of racing opportunities for the horse people.
The Commission’s reasons for decision form part of the transcript, which is attached to this Ruling.
DATED at Toronto this 8th day of May 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
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7 IN THE MATTER OF: WOODBINE ENTERTAINMENT GROUP
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BEFORE: Rod Seiling Chair
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Hon. James Donelly Vice-Chair
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Brenda Walker Member
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---------------REASONS---------------
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Conducted in the Hearing Room of the Ontario Racing
20 Commission, Suite 400 10 Carlson Court, Toronto,
Ontario, on the 1st day of May
21 2007.
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APPEARANCES:
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Luisa J. Ritacca Counsel for the
3 Administration
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Wendy Hoogeveen Director of Industry
5 Development and Support
6 Nick Eves, Jamie Martin Woodbine Entertainment Group
Jane Holmes
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John Walzak Ontario Harness Horse
8 Association
9 Christopher R. Kruba Windsor Raceway Inc.
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2 ---- Upon resuming at 11:50 a.m.:
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4 THE CHAIR: Please be seated. Ready
5 for the Ruling?
6 This Commission recognizes its
7 responsibilities related to the business of
8 horse racing both for horse people and race
9 tracks. Both entities are partners in the
10 business and the Commission understands the
11 need, as the regulator, to balance the interests
12 of both along with those of the public.
13 The Commission, as a matter of policy,
14 once live race dates are allocated, will not
15 cancel them unless there are unusual or
16 mitigating circumstances.
17 The Panel heard an application from
18 Woodbine Entertainment Group (WEG) to cancel its
19 remaining Sunday Standardbred days at Woodbine
20 Racetrack due to a lack of horses.
21 Opposing the application was the
22 Ontario Harness Horsemen's Association (OHHA).
23 WEG told us that they had been
24 experiencing difficulties obtaining both the
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1 present a quality racing product which they need
2 to present. We were told wagering on the
3 Sunday programs is down considerably with the
4 field size and quality of the product
5 contributing factors.
6 The OHHA maintained to the Panel it
7 should deny WEG's application, citing the impact
8 on Woodbine horse people, other tracks and horse
9 people via simulcasting and the negative impact
10 on public perception.
11 After considering the evidence, the
12 Panel approves WEG's application to cancel the
13 May 6th and 13th Standardbred race dates at
14 Woodbine.
15 The Panel is compelled by WEG's
16 business case that relates to the two days in
17 question.
18 This approval is based on the
19 condition that WEG schedule an extra race on
20 each day of the remainder of the Meet plus two
21 extra races on Saturdays. These extra racing
22 opportunities will mitigate, to some degree, the
23 loss of racing opportunities for the horse
24 people.
25 The Panel notes that in approving the
TORONTO COURT REPORTERS - TORONTO - ONTARIO
1 cancellation it is not setting a precedent. It
2 does in the favour cutting live race dates and
3 believes in this circumstance it is a fair
4 solution.
5 The Panel notes the hearing confirms
6 the need to identify and implement a better
7 system towards matching supply and demand.
8 There appears to be a number of factors
9 affecting the situation and, in the short term,
10 there is no solution that can satisfy both
11 partners. The Panel recognizes this may be
12 easier said than done but is convinced that it
13 is necessary.
14 Coming to the Commission to have it
15 resolve what are essentially business disputes,
16 without substantive evidence, makes it very
17 difficult, if not impossible, for it to make an
18 educated decision that serves the long-term
19 interest of the industry.
20 On the positive side, the Panel is
21 encouraged by the comment made by both WEG and
22 OHHA representatives with the urgent need to
23 identify solutions to the problems confronting
24 the industry.
25 The Commission will be taking up the
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1 offers and will be communicating more on this
2 important topic in the very near future.
3 Thank you very much.
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5 I hereby certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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11 _____________________________
12 Christine Gilmour, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 - 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364-2065
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