Merrill v. Ontario Racing Commission, (1984) 3 O.A.C. 285 (DC)

• Judge: Osler, Krever and Sirois, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 09, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 285 (DC)

Merrill v. Racing Comm. (1984), 3 O.A.C. 285 (DC)

MLB headnote and full text

Merrill v. Ontario Racing Commission

Indexed As: Merrill v. Ontario Racing Commission

Ontario Divisional Court

Osler, Krever and Sirois, JJ.

April 26, 1984.

Summary:

The Ontario Racing Commission proposed to review a decision respecting the applicant's alleged breach of s. 11(i) of the Racing Commission Act. The Commission proposed to conduct a hearing de novo. The applicant objected and applied for judicial review and an order prohibiting the Commission from proceeding in such manner. The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 6284

Judicial review - Statutory appeal - Practice - Trial or hearing de novo - The Ontario Divisional Court held that the Ontario Racing Commission had jurisdiction under s. 15(5) of the Racing Commission Act to hold a hearing de novo to review any racing association decision.

Statutes Noticed:

Racing Commission Act, R.S.O. 1980, c. 429, sect. 15(5) [para. 1].

Counsel:

J.M. Riley, for the appellant;

J. Brian Johnston, for the respondent.

This application was heard before Osler, Krever and Sirois, JJ., of the Ontario Divisional Court on April 9, 1984. The decision of the Divisional Court was delivered orally by Osler, J., and released on April 26, 1984.