RULING NUMBER COM GEN 005/2009
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 10, 2009
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF
WESTERN FAIR ASSOCIATION OPERATING WESTERN FAIR RACEWAY
Western Fair Raceway appealed the Notice of Decision dated December 1, 2009, issued by the Deputy Director. The Notice of Decision declined to approve the application by Western Fair Raceway to vacate all dates in June and early October and have those dates applied over the winter months.
On December 10, 2009, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioner David Gorman and Commissioner John Macdonald convened to hear the appeal.
Maureen Harquail appeared as Counsel for the Administration. Ian Fleming appeared on behalf of Western Fair Raceway. Darryl MacArthur and Brian Tropea appeared on behalf of the Ontario Harness Horse Association. Dr. Ted Clarke appeared on behalf of Grand River Raceway. Jim Henderson appeared on behalf of Hiawatha Horse Park.
Upon hearing the evidence of Wendy Hoogeveen, Brian Tropea and Ted Clarke, and upon reviewing the evidence and hearing the submissions of Counsel for the Administration, Western Fair Raceway, the Ontario Harness Horse Association, Grand River Raceway and Hiawatha Horse Park, the Panel allows the appeal and orders that Western Fair Raceway race the dates as applied for in the Western Fair 2010 Application for Race Dates.
The Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto, this 16th day of December 2009.
BY ORDER OF THE COMMISSION
Rob McKinney
Deputy Director
REASONS FOR DECISION
On September 15, 2009, Western Fair Raceway (“Western”) applied for 124 race dates for the year 2010. As a result of the moratorium issued by the Ontario Racing Commission (“ORC”) under Policy Directive No. 6-2009 all race dates for 2010 were to total the same as in 2009 pending further consideration by the ORC.
On or about October 21, 2009, Western made an amended application for race dates for the year 2010 totaling 130 dates.
On December 1, 2009, the Deputy Director of the ORC gave Western notice that the application was declined and Western appealed that decision.
The appeal came before a Panel of the ORC on December 10, 2009. The evidence was well presented by the ORC and Western. The decision of the Panel is that the application for the race dates as amended is hereby approved and the appeal is allowed. Western can therefore proceed to use the 130 race dates in 2010 for which it applied on its amended application.
The Panel found that Western had made a successful effort to follow Policy Directive No. 3-2007. There are guidelines set out in that policy and some “indicators” are itemized as examples but are not intended to be mandatory or exclusive. In the Panel’s view Western met the basic test set out in Policy Directive No. 3-2007.
The number of race dates is the same for 2010 as approved for 2009. Western explained the reasons for the change in dates and they received the support of the Grand River and Hiawatha Horse Park tracks and the Ontario Harness Horse Association (“OHHA”). The representatives of each advised the Panel of their cooperation with Western through discussions of the proposed dates among themselves and the members of OHHA that race at Western indicated their support through the OHHA witness.
DATED THIS 16th day of December, 2009.
John W. Macdonald, Q.C.
Commissioner