Issue: Judicial review of APHRC’s 2022 decision on sharing telephone betting revenue among three racetracks in Nova Scotia.
Before APHRC’s intervention, Truro, Northside Downs, and Inverness Raceway had an informal agreement on revenue distribution (63%, 22%, 15%). Northside and Inverness sought a more equitable system, leading to APHRC’s decision to allocate revenues based on geographic market areas.
Applicant’s Claims
Truro alleged that:
- The process was procedurally unfair since it was not allowed to hear or respond to other racetracks' submissions.
- It was not informed that the Commission’s legal counsel would be present at the hearing, nor given an opportunity to have its own counsel.
Court’s Analysis
- Standard of Review: Reasonableness.
- Decision: The court found no breach of fairness. Truro had previously requested private presentations in 2021, and the same process was used in 2022 without objections.
- The Commission’s counsel's presence did not prejudice the proceedings, as no legal issues were raised.
Conclusion
The application for judicial review was dismissed. The process was deemed fair and reasonable, with no violation of procedural rights.
Costs: Parties to submit written submissions if they cannot agree within 30 days No monetary award specified..