McGuinty must answer horse breeders, court says

A Divisional Court on Tuesday dismissed an attempt by the province and the Ontario Lottery and Gaming Corp. to prevent former premier Dalton McGuinty, his former finance minister Dwight Duncan and their chiefs of staff from being questioned under oath about the 2012 decision to terminate a slot machine revenuesharing partnership with the horse racing industry.

The legal battle centres on a $65-million civil claim launched in 2014 by a group of Ontario standardbred horse breeders. The breeders argue they were dropped from the slots program without compensation and given scant notice of its de- mise, even though the province was aware breeders require five to seven years to produce a racing animal.

Jonathan Lisus, the breeders’ lawyer, said the ruling is an important step “in the process of understanding how the decision that had such a harmful impact” on his clients was made. Lisus noted many of his clients are elderly and three have died since the litigation began.

Lisus said he has asked the province and OLG to consent to videotaping all witness examinations “so there’s a good record for the court and the public to review their evidence.”

The Ministry of the Attorney General and the OLG both said that it would be inappropriate to comment as the suit is still before the courts.