Flanders v. Horse Racing Commission (Man.), 2015 MBCA 12

• Judge: Chartier, C.J.M., Steel and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 27, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBCA 12;(2015), 315 Man.R.(2d) 119 (CA)

Flanders v. Horse Racing Comm. (2015), 315 Man.R.(2d) 119 (CA);

      630 W.A.C. 119

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.012

Grant Flanders (applicant/appellant) v. Manitoba Horse Racing Commission (respondent/respondent)

(AI 14-30-08140; 2015 MBCA 12)

Indexed As: Flanders v. Horse Racing Commission (Man.)

Manitoba Court of Appeal

Chartier, C.J.M., Steel and Burnett, JJ.A.

January 27, 2015.

Summary:

Flanders was licensed with the Manitoba Horse Racing Commission (MHRC) as an owner and trainer of race horses. Pursuant to the Rules of Flat Racing, the MHRC charged Flanders with placing a stop order on a cheque issued in payment of a fine levied by the MHRC and being in possession of a large quantity of restricted veterinary drugs that were seized from his horse trailer. The MHRC found Flanders guilty of the offences. His license to train and race horses was suspended for 30 months and he was required to pay $10,000 in fines. Flanders applied for certiorari, arguing that the MHRC breached its own procedural rules and the rules of natural justice.

The Manitoba Court of Queen's Bench, in a decision reported at (2013), 298 Man.R.(2d) 233, dismissed the application. Flanders appealed.

The Manitoba Court of Appeal dismissed the appeal.

Administrative Law - Topic 526

The hearing and decision - Conduct of hearing - Adjournments - [See Administrative Law - Topic 2484 ].

Administrative Law - Topic 2484

Natural justice - Procedure - At hearing - Adjournments - The Manitoba Horse Racing Commission (MHRC) found Flanders guilty of, inter alia, being in possession of a large quantity of restricted veterinary drugs - It unilaterally set February 25 as the date for the penalty hearing - When Flanders' counsel (Prober) did not reply, the MHRC sent him a follow up letter on February 21 - Prober replied on February 22 that he was unavailable on February 25 - He requested an adjournment until March 10, as he would be out of the country until that time - The MHRC was willing to hold the penalty hearing on February 26 or 27 or via telephone, but refused to adjourn until March - Neither Flanders nor Prober attended the penalty hearing on February 25 - Flanders' licence was suspended for 30 months and he was ordered to pay $10,000 in fines - Flanders applied for certiorari, arguing that the MHRC's decision to deny his request for an adjournment constituted a breach of his right to natural justice - The trial judge dismissed the application, finding that Flanders failed to make a timely request for an adjournment and that the reason for that failing remained unexplained - The Manitoba Court of Appeal dismissed Flanders' appeal, stating "Probably no decision is more discretionary than a decision to grant or deny an adjournment. ...  it remained open to the reviewing judge to find, on the record before him, that Flanders was given real alternatives and chose not to participate."

Administrative Law - Topic 5014

Judicial review - Certiorari - Grounds for granting certiorari - Breach of rules of natural justice - [See Administrative Law - Topic 2484 ].

Gaming and Betting - Topic 626

Horse racing - Regulation - Commissions - [See Administrative Law - Topic 2484 ].

Counsel:

J.C. Prober and B.T. King, for the appellant;

W.S. Gange, for the respondent.

This appeal was heard on January 27, 2015, before Chartier, C.J.M., Steel and Burnett, JJ.A., of the Manitoba Court of Appeal. Chartier, C.J.M., pronounced the following decision for the court on the same date.