HPAO Response to AGCO Request to Dismiss Appeal

Below is the official Horse Peoples' Alliance of Ontario response to the AGCO Request to Dismiss the Appeal. 

Mr. Wiskin as I have advised you I am out of my office and away on holiday out of Toronto until my return on January 29, 2018. I would appreciate if you could ensure to forward this email to Mr. Sadinsky as well as to Ms. Brooks. 

It will be my position that the appeal lodged is proper and should not be dismissed out of hand. HRAP has the appropriate and complete right to hear this matter as with any other matter arising from a decision of the Registrar. The denial by the Registrar of the request by my client is a decision of the Registrar irrespective of his reasons for doing so. He has denied or refused to the taking of a step requested. His decision is accordingly reviewable. There is no suggestion in the Act or the Rules as to what area or rule the decision appealed from must fit. It merely speaks to the simple fact of a decision being made and a party being aggrieved by it. 

The power provided to the Registrar under the Act provides full and complete power with respect to horse racing and racetracks. While positions may be argued contrary, this issue of jurisdiction is not a matter that should be dismissed without a full hearing, nor is the request submitted by Registrar’s counsel for simple dismissal without full argument at a hearing, if necessary.  

There is ample precedent for this power of the Registrar. The jurisdiction of the Registrar is a significant issue and should not be disposed of without a full hearing on the merits. HRAP is uniquely positioned to deal with this matter on its merits and to deal fully with arguments as to jurisdiction. There is ample precedent for the power of the HRAP to deal with jurisdiction. 

It is my position that this matter is so significant and too important to the best interests of racing and the participants therein to simply dismiss the entire issue. 

Please understand that while I would have preferred being able to provide a fuller response with the assistance of my file, the Act and Rules I do not have that access, and accordingly would appreciate the time into the new year when I have returned to my office should that be required. 

Of course I remain available to further discuss this matter by telephone conference or by email, and I wish to apologize to the Chair for not dealing with this matter by a more formal letter given the circumstances.