Letter to the Chair - December 14, 2017

Alcohol and Gaming Commission des alcohols

Commission of Ontario et des Jeux de l’Ontario

90 Sheppard Avenue East 90, avenue Sheppard Est

Suite 200 Bureau 200

Toronto ON M2N 0A4 Toronto ON M2N 0A4

Legal Services

Tel (416) 326-8738

Fax (416) 326-5574

Toll-Free 1-800-522-2876

December 14, 2017

Mr. Stanley Sadinsky

Chair of the Horse Racing Appeal Panel

90 Sheppard Avenue East, Suite 300

Toronto, ON M2N 0A4

Dear Mr. Chair:

Re: Horse Peoples Alliance of Ontario and the Registrar of Alcohol, Gaming and, Racing

In response to the Notice of Appeal in this matter, the Registrar requests the appeal be dismissed without a hearing pursuant to the HRAP Rules 2.3 and 2.14(b). There is no decision in the Registrar’s letter of November 28, 2017, and there is no decision under the Rules of Racing that would give the Tribunal jurisdiction over an appeal. Further, the grounds of appeal are in reference to the Registrar’s powers under Part II of the Horse Racing Licence Act, 2015 (HRLA) for which a review is to the Court on an application for Judicial Review and not to the Tribunal. There is no ‘Decision’. The Registrar’s letter of November 28, 2017, is an explanation and clarification of the regulatory role of the AGCO and the Registrar under the HRLA as compared to the roles and mandate of the OLG, with respect to Woodbine Entertainment Group and its relationship to the Horse Racing Industry. Further, the letter advises the appellants that neither the Registrar nor the Board of the AGCO has the authority to convene or conduct public inquiries. There is no ‘decision’ in the correspondence. The Registrar did not deny a request by the appellants for the initiation of an inquiry. The failure of the appellants to appreciate the scope of the Registrar’s powers does not make the correspondence of November 28, 2017, a decision or a decision appealable to the HRAP. The Matter is Outside the HRAP’s Jurisdiction. The jurisdiction of the HRAP is to hear appeals of decisions arising out of the Rules of Racing:

Where the rules of racing provide for an appeal to the Panel, a person who considers themselves aggrieved by a decision of a steward, judge, veterinarian, racetrack official, racing association official, licensing agent or officer or employee of the Commission may appeal the decision to the Panel and the hearing of the appeal shall be in accordance with the Panel’s rules of procedure. Horse Racing Licence Act, 2015, s. 8(1) Ontario

There is no decision and there is no decision under the Rules of Racing. In the alternative, the appellant’s grounds of appeal are rooted in the Registrar’s powers under Part II of the HRLA and not in the Rules of Racing. A review of the Registrar’s exercise of his statutory power of decision in Part II of the HRLA is commenced by an application for Judicial Review to the Court. There is no mechanism in the HRLA that provides for an appeal to the Panel of the Registrar’s exercise of his powers under Part II of the HRLA.

The Appeal Should be Dismissed without a Hearing Pursuant to Rules 2.3 and 2.14(b) of the HRAP Rules of Procedure, the Registrar requests that the HRAP exercise its powers and dismiss the Notice of Appeal without a hearing because it relates to matters that are outside the HRAP’s jurisdiction.

Yours truly,

Tamara Brooks

Deputy Director, Litigation

Cc: Frank Roth

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