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Ont. Breeders Win Document Access

Published: February 10, 2015 4:31 pm ET

Last Comment: February 13, 2015 5:22 pm ET | 5 Comment(s) | Jump to Comments

The group of Ontario's Standardbred breeders currently engaged in legal proceedings against the Government of Ontario and the Ontario Lottery & Gaming Corp. (OLG) recently received a decision in their favour from the province's Superior Court.

On February 9, 2015, Ontario Superior Court Justice Michael Emery released his decision in a motion brought by Standardbred breeders seeking broad production of internal documents from Ontario and OLG about the cancellation of the Slots at Racetracks Program (SARP). The motion was brought by the breeders in their lawsuit for damages caused by the abrupt cancellation of SARP in March 2012. As described in paragraph 154 of Justice Emery’s decision, the Standardbred breeders have alleged that Ontario and OLG made a systemic series of representations about SARP over a number of years that were ultimately breached when the SARP revenue-sharing partnership was terminated.

Justice Emery ordered Ontario and OLG to make broad productions of un-redacted internal documents relating to the government and OLG decision to cancel SARP without notice in March 2012. These include documents referring to Dalton McGuinty, Kathleen Wynne, Dwight Duncan and Paul Godfrey, their involvement in the cancellation of SARP and the decision to compensate racetracks owners but not breeders.

The Court noted, at paragraph 118, that Ontario and OLG are “significant defendants with significant resources” who “have collected substantial net profits from the slots program at 15 of the 17 racetracks in Ontario after the SARP program was terminated.” The Court determined, at paragraph 135, that “[i]n a case of this magnitude, the law should favour a generous interpretation of disclosure requirements” and that standardbred breeders “are entitled to proper disclosure by each defendant.”

In the words of the Court, at paragraph 135, “[t]his case involves too much money, and too many people whose livelihoods depend on a fair and transparent discovery process.” This decision clears the way for standardbred breeders to finally receive internal documents that will allow them to understand the reasons and motivations behind Ontario and OLG’s decision to terminate SARP in 2012.

The full decision is available in embedded PDF format below.


February 13, 2015 - 5:22 pmI hope and pray that this

murray brown SAID...

I hope and pray that this will allow for Mssrs McGuinty, Duncan and Godfrey to be deposed, nothing but the truth, the whole truth so help me God.

February 12, 2015 - 11:42 amThe liberal party has been

John Hill SAID...

The liberal party has been known to play hide and seek with the facts as we have witnessed with the gas plant scandal. If there are any incriminating documents they are not likely to give them up without a fight. Good luck to the breeders and may they expose the back room deals and lack of due diligence in this whole slot fiasco.

February 11, 2015 - 1:35 pmI hope that the information

Bill Hagerty SAID...

I hope that the information found in these documents is sufficient to not only allow the breeders to collect significant damages but also to spark an investigation that will, at least, put some liberals out of a job or put some in jail.

February 11, 2015 - 10:15 amOur breeders have suffered

Dave Nicol SAID...

Our breeders have suffered more than most of us! This court ruling is a small step forward, but at least a move forward. My hope, JUSTICE will prevail. Wish you the breeders success in your future endeavors.

February 10, 2015 - 5:47 pmWell Well Well, more

Well Well Well, more interesting!!


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