RULING NUMBER COM GEN 007/2009
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 16, 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
HANOVER BENTINCK & BRANDT AGRICULTURAL SOCIETY
OPERATING HANOVER RACEWAY
Hanover Raceway appealed the Notice of Decision dated December 1, 2009, issued by the Deputy Director to Grand River Agricultural Society operating Grand River Raceway. The Notice of Decision approved the application from Grand River Raceway to race on Wednesdays from June 1, 2010 through September 15, 2010, except August 18, 2010.
On December 16, 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. Gord Dougan appeared on behalf of Hanover Raceway. Dr. Ted Clarke appeared on behalf of Grand River Raceway.
Upon hearing the evidence of Wendy Hoogeveen and upon reviewing the evidence and hearing the submissions of Counsel for the Administration, Hanover Raceway and the Grand River Raceway, the Panel denies the appeal.
The Panel’s Reasons for Decision are attached.
DATED at Toronto, this 17th day of December, 2009.
BY ORDER OF THE COMMISSION
Rob McKinney
Deputy Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF HANOVER BENTINCK & BRANT AGRICULTURAL SOCIETY
Held Before:
Rod Seiling, Chairman
David Gorman, Commissioner
Don Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: HANOVER BENTINCK & BRANT AGRICULTURAL SOCIETY, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of December, 2009.
Appearances:
Maureen Harquail, for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and reviewing the evidence and submissions made the panel denies the appeal. Reasons for decision. The Deputy Director correctly and reasonably operated within the confines of the policy directive number 6-2009. Two, the parties are to be congratulated as to their willingness to work together with respect to mitigating any negative impacts. Three, Hanover's number one concern was the loss of drivers. Given WEG drivers will not be driving with Mohawk dark on Wednesdays Hanover is likely to benefit from a trickle down effect as WEG drivers are going to Grand River. Four, as per agreement of the parties there will be no HR and no equipment issues. Five, Hanover could move its Wednesdays to another mid week day. The option is up to the track. Just as Grand River was forced to change to accommodate other Ontario changes in race dates and U.S. tracks willingness to take Grand River racing so to does Hanover have the similar opportunity. One would hope that Hanover could work with other community groups as to the usage of the facility and sixth and final, the issues facing Grand River and Hanover are not unique and are best dealt with by the Moratorium Working Group. Any questions? Thank you very much.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths