Divisional Court dismisses application to review 2007 ORC scheduling decision
Stockwoods’ partner Brendan Van Niejenhuis successfully secured the dismissal of an application for judicial review, on behalf of the Ontario Racing Commission. The Ontario Harness Horse Association, a trade association representing persons in the standardbred racing industry, sought to overturn the Commission’s decision allocating and scheduling race dates to be run in 2007 by Windsor Raceway and Flamboro Downs. The Divisional Court accepted the argument that the OHHA had unduly delayed commencing its application to review of the Commission’s decision of December 19, 2006 until May of 2007, and had not provided a reasonable explanation for the delay. Accordingly, the Court dismissed the application and awarded the Commission its costs. Windsor Raceway Inc. and Flamboro Downs Holdings Ltd. also responded to the application and joined in the Commission’s submissions with respect to undue delay.