Megens

Peter A. Simm was sole counsel for the successful Applicant for Judicial Review in Megens v. ORC  (2003, Ont. Div. Ct.; varied only re costs 2004, Ont. C.A.).

His client faced a lifetime ban from his primary source of livelihood. The Ontario Racing Commission tribunal had revoked Mr. Megens’ licenses as a standardbred-horse driver after ruling he was involved in a “fixed” race. (Simm was retained as fresh counsel after the ORC’s decisions.)

Victory in Court was achieved in an especially challenging context: the tribunal’s decisions had been driven by findings of fact and credibility, and the standard of review was patent unreasonableness.

Simm successfully demonstrated unfairness in the tribunal’s approach to the evidence and to issues of credibility by showing that its reasons overlooked important matters. Megens  is also a useful precedent on what a tribunal must consider before imposing a severe sanction. Notably, when quashing the tribunal’s decision, the Court refrained from requiring that Simm’s client be subjected to a rehearing by the ORC.

This case is cited in 22 court decisions, including 19 judicial review or appellate rulings. Megens  is also cited in 17 Canadian legal textbooks, 4 law journal papers, 2 accredited CPD papers, and LSUC Bar Admission Course Materials on Public Law.

Full cite: Megens v. Ontario (Racing Commission) , 2003 CanLII 26509, 225 D.L.R. (4th) 757, 64 O.R. (3d) 142, 170 O.A.C. 155, 10 Admin. L.R. (4th) 83, 2003 CarswellOnt 3531, [2003] O.J. No. 1459 (Ont. Div. Ct.); additional reasons re costs, 2003 CanLII 10135, 176 O.A.C. 296, 2003 CarswellOnt 3481, [2003] O.J. No. 3562 (Ont. Div. Ct.); leave to appeal refused as to merits (Nov. 10, 2003, Ont. C.A. File M29815); varied only re costs, 2004 CanLII 328, 185 O.A.C. 349, 2004 CarswellOnt 1586, [2004] O.J. No. 1651 (Ont. C.A.).