MacArthur: No Planned Litigation

Published: May 7, 2009 04:06 pm EDT

Hoping to stop the rumour mill before it becomes a juggernaut, Darryl MacArthur, Ontario Harness Horse Association President, cleared the air over a perceived legal fight against Woodbine Entertainment

Group.

"It's unfortunate that these rumours have started but, categorically, there is no litigation initiated by OHHA," MacArthur told Trot Insider.

MacArthur took over as the organization's President after Bill O'Donnell resigned from the position last week due to "philosophical differences."

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Mr. McArthur is correct in stating that the OHHA has not initiated litigation against WEG. He failed to clarify that the Board of Directors did, indeed, vote to financially support Mr. Whelan's suit against WEG. In fact, I believe they voted to pay double the hourly rate, thus allowing Mr. Whelan the luxury of a better lawyer in his fight against WEG--something to the tune of about $800.00 per hour. I'm thinking that money was going to come either from the dwindling funds that are left in the OHHA bank account or the money that was to be forthcoming from WEG in an agreement between them and Mr. O'Donnell and has now, I think, been put on hold because of Mr. O'Donnell's resignation. There were rumours that the OHHA is in debt $700,000.00 which is, apparently, not true. I did hear from a director that the OHHA bank account will likely be in big trouble by the middle of the summer. Without money coming from WEG because of the unsigned contract (thanks to Mr. Whelan and friends), I can certainly see that as a possiblity. I wonder if Mr. Whelan is now going to initiate a suit against the ORC for taking action againt his entries at WEG. Will the OHHA board of directors vote to support him finacially with that suit as well? If so, the rumour about the deficit will be a reality before long. No money--no association. End of story.

That's not really the question - so I'll ask it, since no one else seems to want to. Mr. MacArthur, will the OHHA follow through on the BOD's recent decision to assist financially in Mr. Whelan's legal challenge of Woodbine's access agreement? Yes or no?

Rumours aside; OHHA has demonstrated they will support one of their directors in litigation against WEG and so technically although no initiating the action they do support it. Herein lies the problem for their organization; do they have a mandate from their members for such action? If another individual had made a similar request for assistance in a suit against WEG would they have been given serious consideration? Was this preferential treatment for a Director and therefore an abuse of the position?
If the OHHA is serious about being a viable partner in racing going forward they need to take a serious look at how they operate, their policies,practices and actions of their leadership. When I see good people like Bill O'Donnell, Dave Byron, Jen Duncan etc. leaving I have to ask myself has OHHA's time come and gone? Or is it just time for some of those left to leave and start anew.

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