Ontario

Superior Court of Justice

Endorsement

Court File No. CV15-6226

Plaintiff: Betty Mae Martha Hagey also known as Betty Hagey
Counsel: Acting in Person

Defendants: Ontario Racing Commission, The Horsemen’s Benevolent and Protective Association of Ontario also known as HBPA of Ontario

Counsel:
Steven Aylward for the Ontario Racing Commission

Robert J. Richler for The Horsemen’s Benevolent and Protective Association of Ontario

[1] My review of this Statement of Claim, and the 12 pages of written submissions from the Plaintiff filed on October 13, 2015, reveals that this action on its face is obviously frivolous, vexatious and an abuse of the process of this Court.

[2] The claim that there was an absence of procedural fairness afforded to the Plaintiff by the Ontario Racing Commission is not capable, on these pleaded facts, of entitling the Plaintiff to compensatory damages. Furthermore, the claims against the Ontario Racing Commission are entirely matters of Public Law subject to challenge by Judicial Review. The Plaintiff cannot, on these pleaded facts, now invoke the Civil Justice system for these Public Law matters.

[3] As well, the claims asserted against The Horsemen’s Benevolent and Protective Association of Ontario are statute-barred and not actionable.

[4] Therefore, this action is dismissed pursuant to Rule 2.1.01.

November 27, 2015
The Honourable Mr. Justice D. J. Nadeau