The applicants sought judicial review of three decisions by the Ontario Racing Commission and its Director, which resulted in the freezing of their purse accounts, a ten-year licence suspension, a $400,000 fine, and forfeiture of funds.
The applicants argued the Director lacked jurisdiction to freeze the accounts, the Commission failed to provide adequate particulars, the Vice-Chair lacked jurisdiction because his term expired before the merits hearing, and the merits decision was unreasonable.
The Divisional Court held that while the Director lacked jurisdiction to issue the freezing order, this did not invalidate the merits decision.
The court found the particulars were sufficient, the Vice-Chair retained jurisdiction under s. 4(3) of the Statutory Powers Procedure Act having heard preliminary motions, and the merits decision was reasonable.
The application for judicial review was dismissed.