The appellant racetrack owner refused to permit the respondent to race his horses at its tracks unless he signed an access agreement.
The respondent refused and sought a declaration from the Ontario Racing Commission (ORC) that he could not be required to sign the agreement.
The ORC dismissed the application, but the Divisional Court found the ORC's decision unreasonable.
On appeal, the Court of Appeal held that the ORC's decision was reasonable, as the access agreement did not deny the respondent an opportunity to be heard before the ORC, nor did it give the appellant absolute unfettered power to arbitrarily exclude him.
The appeal was allowed and the ORC's decision restored.
