IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF
WOODSTOCK RACEWAY AND DRESDEN RACEWAY
Live race dates approved by the Ontario Racing Commission were cancelled at Woodstock Raceway on May 19th and at Dresden Raceway on May 21st due to lack of horses entered in to race. An emergency hearing into the absence of racing at these racetracks was issued through a Notice of Hearing dated May 24, 2007.
On May 30, 2007, a panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Vice Chair Hon. James Donnelly and Commissioners Bernard Brennan, Jane Garthson, David Gorman and George Kelly convened to hear the matter.
Brendan Van Niejenhuis appeared at the hearing for the Administration; Wendy Hoogeveen and John Blakney for the Administration; Christopher R. Kruba for Winrac Development Inc., John Walzak, Malcolm MacPhail and Kevin Lenard for the Ontario Harness Horse Association and Tami Mairs for the Woodstock Agricultural Society.
On reading the exhibits filed and on hearing the submissions of the parties, the Commission ordered a change to the 2007 approved race date schedule as follows:
Woodstock Raceway 27 live race dates starting June 9
Dresden Raceway 25 live race dates starting June 10
Further, the Commission ordered Winrac Development Inc. to provide the Administration with the appropriate independent assurances that the Woodstock Raceway facility meets the required health and safety standards and/or a detailed plan for appropriate mitigating steps will be taken to operate safely.
The Commission’s reasons for decision were given at the hearing and are attached to this Ruling.
Dated at Toronto this 31st day of May 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
Reasons for Decision
The Panel recognizes there have been changes in the circumstances since October 2006.
There is strong evidence the current model is not serving the best interests of the industry, i.e. Georgian, Woodstock, Dresden. The Panel believes it is time for a change.
The Panel believes, based on these changes, there is room for more racing in Southwestern Ontario. Based on this, it is ordering a trial experiment for a mini circuit.
Therefore, the Panel orders six extra days for Woodstock. These dates are inclusive of the lost dates – total live dates are 27. The Panel notes that Winrac may want to look at Tuesdays for these extra dates, as they are available, including Tuesdays in July, as there is a history of Tuesday racing at the track.
The Panel orders seven extra days for Dresden. These dates are also inclusive of any make up dates. The total number of live dates is 25.
In terms of race date allocation, the Panel looks forward to a new method coming forward for 2008. It encourages all the parties to work with the Administration to develop this new method.
The Panel, in agreeing to the date allocation, is ruling on the basis that the past practice of the Commission has been to approve any negotiated settlement past the allocation process. For the future, the recommendation from the Panel to the Board is that the policy of the Commission will be that, once race dates are allocated, they will not be changed unless for unusual circumstances or on the basis of a sound business case.
The Panel urges the parties to put their past differences behind them and work together for the best interest of the industry.
In furtherance of this, the Panel decided at this time not to consider penalties. The Commission will be looking at a penalty scheme based on the Administration proposal and if racing at both Dresden and Woodstock does not commence on June 9 at Woodstock and June 10 at Dresden, the Commission will quickly reconvene to consider penalty.
With respect to the health and safety issues raised re the Woodstock facility, the Commission requires that Winrac provide the Administration with the appropriate independent assurances that the facility meets the required health and safety standards and/or what appropriate mitigating steps will be taken to operate safely.
DATED this 31st day of May 2007.
Original signed
Rod Seiling
Chair
1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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3 IN THE MATTER OF THE Racing Commission Act,
2000, S.O. 2000, c 20
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5 -and-
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IN THE MATTER OF: WOODSTOCK AND DRESDEN RACEWAYS
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10 BEFORE: Rod Seiling Chair
11 James Donnelly Vice-Chair
12 George Kelly Member
13 Bernard Brennan Member
14 David Gorman Member
15 Jane Garthson Member
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---------------REASONS---------------
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Conducted in the Hearing Room of the Ontario Racing
21 Commission, Suite 400, 10 Carlson Court, Toronto,
Ontario, on the 30th day of May, 2007
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
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2APPEARANCES:
3Brendan Van Niejenhuis Counsel for the
Administration
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Wendy Hoogeveen Director of Industry
5 Development and Support, ORC
6 John Blakney Executive Director, ORC
7 John Walzak Ontario Harness Horse
Association
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Christopher Kruba Winrac Development Inc.
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Tami Mairs Woodstock Agricultural
10 Society
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
1 --- Upon resuming at 7:10 p.m.
2 THE CHAIR: Please be seated.
3 Before reading you the Oral Decision,
4I just want you to take note that Commissioner
5Brennan did participate in the deliberations and
6 concurs with the decision. He did have to run
7 to catch a plane, and it's taken a bit of time
8 to just put some speaking notes down, so I just
9 want everyone to be aware.
10 The Panel has heard the evidence.
11 One, the Panel recognizes there has been a
12 change in the circumstances since October
13 2006.
14 Two, there is strong evidence the
15 current model is not serving the best interests
16 of the industry; i.e., the stoppage of racing at
17 Georgian, now Woodstock and Dresden.
18 The Panel believes very strongly it is
19 time for a change and, four, the Panel believes,
20 based on the changes to date, there is room for
21 more racing in Western Ontario and, based on
22 this, it is ordering a trial experiment for a
23 mini circuit in Western Ontario.
24 Therefore, the Panel orders six extra
25 days of racing for Woodstock. These dates are
TORONTO COURT REPORTERS - TORONTO - ONTARIO
1 inclusive of the lost dates. Therefore, the
2 total live dates for Woodstock will be 27.
3 The Panel notes that Winrac may want
4 to look at Tuesdays for the extra dates as they
5 are available and there is a history of Tuesday
6 racing at the track including Tuesdays in
7 July.
8 The Panel orders seven extra days for
9 Dresden. These days are also inclusive of any
10 makeup dates and, therefore, the total number of
11 live dates at Dresden is 25.
12 In terms of race date allocation, the
13 Panel looks forward to a new method proposal
14 coming forward for 2008. It encourages all the
15 parties to work with the Administration to
16 develop this new method.
17 The Panel, in agreeing to the date
18 allocation, is ruling on the basis that the past
19 practice of the Commission has been to approve
20 any negotiated settlement post the allocation
21 process.
22 In the future, the policy of the
23 Commission will be that once race dates are
24 allocated they will not be changed unless for
25 unusual circumstances or on the basis of a sound
TORONTO COURT REPORTERS - TORONTO - ONTARIO
1 business case.
2 The Panel urges the parties to put
3 their past differences behind them and work
4 together for the best interests of the
5 industry. In furtherance of this, the Panel
6 decided, at this time, not to consider
7 penalties. The Commission will be looking at a
8 penalty scheme based on the Administration
9 proposal and if racing at both Dresden and
10 Woodstock does not commence on June 9th at
11 Woodstock and June 10th at Dresden the
12 Commission will quickly reconvene to consider
13 penalty.
14 With respect to the health and safety
15 issues raised re the Woodstock facility, the
16 Commission requires Winrac to provide the
17 Administration the appropriate independent
18 assurances that the facility meets the required
19 health and safety standards or what appropriate
20 mitigating steps it will institute to operate
21 the facility safely for all concerned.
22 Thank you very much and good
23 evening.
24 -- Upon concluding at 7:20 p.m.
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
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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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TORONTO COURT REPORTERS - TORONTO - ONTARIO