ORC Rules On OHHA's Appeal Of 2011 Ontario Racing Program
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On January 17, 2011, the Ontario Racing Commission released its ruling on the Ontario Harness Horse Association's appeal
of the 2011 Ontario Racing Program.
The ORC's ruling appears below. To read the ORC's reasons for decision in the matter, click on the link which appears at the bottom of the ruling.
The Ontario Harness Horse Association (“OHHA”) appealed the Director’s decision of December 10, 2010, with respect to the Ontario Racing Program 2011. By way of Notice of Motion, the ORC Administration sought to have the appeal filed by OHHA dismissed arguing that the Panel lacked the jurisdiction to reverse the Commission’s Policy Decision on the Framework.
On January 5, 2011, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Vice-Chair James Donnelly and Commissioner John Macdonald was convened to hear the Motion.
Maureen Harquail appeared as Counsel for the Administration and Andrew Finkelstein appeared as Counsel for OHHA.
Upon hearing the evidence of Steven Lehman, Chief Administrative Officer of the ORC and upon reviewing the exhibits filed and upon hearing the submissions of Counsel for the Administration and Counsel for OHHA, and Chris Kruba, the Panel rules as follows:
- There is no jurisdiction either in totality or substantial result to reverse the
Framework as an ORC Policy. - It does have jurisdiction to alter race dates within the Framework.
- The Panel therefore has jurisdiction to hear the appeal on the merits, and to
grant relief within the Framework.
The Panel’s Reasons for Decision can be read by clicking here.
(ORC)
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