McNamara (1998), 164 D.L.R. (4th) 99 (Ont. C.A.)
McNamara (1998), 111 O.A.C. 375 (Ont. C.A.)
McNamara (1998), 9 Admin. L.R. (3d) 49 (Ont. C.A.)
Peter A. Simm was lead counsel for the Appellant (with C. Chop) in McNamara v. Ontario (Racing Commission) (1998, Ont. C.A.), winning two separate motions in the Ontario Court of Appeal — for leave to appeal to the Ont. C.A. and an interim stay of the ORC’s order; and for a stay pending the disposition of the application for leave to the Supreme Court of Canada. On the appeal itself, the majority ruled against the Appellant, but Finlayson J.A. vigorously dissented.
This case grappled with a fundamental issue in administrative law — whether a fair hearing de novo (such as by an appellate tribunal statutorily empowered to conduct de novo hearings) automatically cures any breach of natural justice by the original tribunal. McNamara remains the leading authority on this point.
McNamara is cited in 29 Canadian appellate court decisions made as recently as 2019, including by the Federal Court of Appeal, the Nova Scotia Court of Appeal, the B.C. Court of Appeal (twice), the Ontario Court of Appeal, and the Ontario Divisional Court. As well, this case is cited in 9 legal textbooks, and extensively discussed in a law journal paper.
McNamara has been cited internationally, such as by the High Court of Ireland in 2009, and as one of a mere handful of Canadian cases in a leading British textbook, De Smith’s Judicial Review (8th ed., 2018).
Full cite: McNamara v. Ontario (Racing Commission), 1998 CanLII 7144, 164 D.L.R. (4th) 99, 111 O.A.C. 375, 9 Admin. L.R. (3d) 49,  O.J. No. 3238, 1998 CarswellOnt 3244 (Ont. C.A.) (the appeal) —  O.J. No. 2065, 1998 CarswellOnt 1998 (Ont. C.A.) (successful motion for leave to appeal to the Ont. C.A. and for an interim stay of the ORC’s order) — (1998), 164 D.L.R. (4th) 99n (Ont. C.A., single judge) (successful motion for a stay pending the disposition of the motion for leave to appeal to the S.C.C.).
Administrative Law - Mullan - cites McNamara, and Symtron
Administrative Law in Canada (6th ed.) - Blake - cites McNamara, Richmond twice, and Poulton
Administrative Law in Context (3rd ed., 2018) - Flood & Sossin - cites McNamara
Athletics - Halsbury's Laws of Canada - Brecher - cites McNamara
De Smith's Judicial Review [UK] (8th ed., 2018) - Woolf et al. - cites McNamara
Gaming - CED Ont 4th - Leech & Winans - sums McNamara, Megens, and Poulton
Judicial Rreview of Administrative Action in Canada - Brown & Evans cites McNamara twice, Megens 6 times, Richmond 5 times, Poulton twice, Schickedanz twice, and Symtron.
Law of Administrative Investigations & Prosecutions - Manuel & Donszelmann - cites McNamara, and discusses Richmond
Practice & Procedure Before Administrative Tribunals - Macaulay Sprague Sossin - cite McNamara twice, Poulton twice, Megens McKay-Clements
Sports - CED Ont 4th - Barnes - sums McNamara, Schickedanz, Megens, and Poulton
37 Advocates' Quarterly 40 (2011) - Kligman paper discusses McNamara, Megens, cites Poulton