RULING NUMBER COM GEN 003/2009
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 2, 2009
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE REQUEST FOR HEARING BY THE ONTARIO HARNESS HORSE ASSOCIATION
On August 18, 2009, the Ontario Harness Horse Association (“OHHA”) requested a hearing with respect to actions of Woodbine Entertainment Group (“WEG”) and the Central Ontario Standardbred Association (“COSA”).
On September 24, 2009, WEG filed a Notice of Motion seeking an Order that the Ontario Racing Commission (“ORC”) has no jurisdiction to hear the matter and that the request for a hearing by OHHA be dismissed.
On October 2, 2009, a Panel of the ORC consisting of Chair Seiling, Vice-Chair James Donnelly and Commissioner Bernard Brennan, DVM, was convened to hear the motion.
Frank Roth appeared as Counsel for OHHA. David McCutcheon appeared as Counsel for WEG. Randy Bennett appeared as Counsel for COSA. William McNamara appeared as Counsel for Randy Bennett and Rueter Scargall Bennett LLP. Jennifer Friedman appeared as Counsel for the Administration of the ORC.
Upon considering submissions of OHHA, WEG, COSA, reviewing the exhibits filed, the Panel rules as follows:
i. WEG’s motion succeeds and the application by OHHA fails.
The Panel’s Reasons for Decision will follow.
DATED at Toronto this 15^th^ day of October, 2009.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director