Quebec Trotting and Pacing Association v. Canada ( Department of Agriculture )
T-2200-93
Nadon J.
15/10/93
18 pp.
Application to stay permit issued by respondent Director of Race Track Division of Agriculture Canada to Blue Bonnets until Court rendered judgment on applicant's application for judicial review -- Permit issued to hold foreign race separate pool betting from September 1 to October 18, 1993 -- Judicial review application against Blue Bonnets struck out as latter not "federal board, commission or other tribunal" within meaning of Federal Court Act s. 18.1 -- On September 18, 1991 Quebec Trotting and Pacing Association (ATAQ) and Blue Bonnets concluded agreement regarding organization, presentation and scheduling of races to be held at Montreal race track -- During period of agreement Blue Bonnets obtained permits from Director enabling it to take separate bets on foreign trotting, pacing and flat races -- Taking of pari-mutuel bets on horse races prohibited unless authorized by Pari-Mutuel Betting Supervision Regulations -- In Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, Supreme Court of Canada held rules regarding issuing of interlocutory injunction also applied to application for stay of proceedings -- Only "serious" question in case at bar as to interpretation of Regulations s. 94(f) -- Director issued permit without requiring proof of agreement within meaning of s. 94(f) as no horseman working under contract to Blue Bonnets on August 25, 1993 -- He had to issue permit as 1991 agreement not renewed or extended -- S. 94(f) clearly providing Blue Bonnets or any other association proposing to conduct foreign race separate pool betting shall execute agreement with "horsemen under contract" to it -- In case at bar there were horsemen but on July 13, 1993 horsemen not working for Blue Bonnets -- Therefore no serious question to be tried -- Applicants took no steps to prevent or seek to prevent presentation of flat races from foreign tracks -- They could if they wished participate in races held at race tracks other than Blue Bonnets -- Nothing to stop applicants taking part in races at Blue Bonnets until application for judicial review decided -- If applicants suffer irreparable harm, harm not result or consequence of permit issued by Director on August 27, 1993 -- Harm complained of direct consequence of fact no live races at Blue Bonnets-Conducting of foreign race separate pool betting from September 1 to October 18, 1993 essential to at least short-term survival of Blue Bonnets -- Balance of convenience not in favour of applicants -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5) -- Pari-Mutuel Betting Supervision Regulations, SOR/91-365, s. 94(f) (as am. by SOR/92-628, s. 4).