Lawyers often work with a wide variety of clients, but it is rareto have the opportunity to develop ...

1. More than a handshake: Calgary's lawyer for the horse
world.
Lawyers often work with a wide variety of clients, but it is rare
to have the opportunity to develop a practice in an area of personal
interest that is also an unique industry. That, however, has been the
good fortune of Angelique Ellerton. Her practice has expanded more and
more into providing legal services to the equine industry, an industry
she loosely defines as the business world of horses: a world which can
include everything from the core business of breeding and training of
horses, to activities such as racing, show jumping, polo, to ranching
and raising rodeo horses. The economic impact is enormous in a province
like Alberta, and when viewed nationally and internationally, the
economic impact is even more impressive.
Ms Ellerton arrived in Calgary in the early 1990s as this industry
was exploding. While consulting in the Oil and Gas Regulatory arena, she
decided to develop a parallel practice providing corporate and
commercial legal services to the Equine/Agricultural industry. It was a
good fit. In Alberta, many ranchers are owners or participants in oil
and gas producing companies and have a keen interest in owning good
horseflesh. Their involvement has changed the equine industry. These are
participants who understand the need to conduct business with sound
contracts and agreements. They are not satisfied with the old standby of
handshake deals and gentlemen's agreements.
Ellerton was no newcomer to the world of horses when she arrived in

2. Calgary. As an owner, sponsor, rider, and organizational volunteer, she
had developed an insider's understanding of the world of horses. As
a lawyer, she had been involved on the investment side, putting together
ownership syndicates, as well as advising international transportation
and carrier companies on the business of importing, exporting, and
transportation of livestock. Her major involvement had been litigating
internal disputes in equine organizations that put their volunteer
boards and employees at personal risk for the liabilities undertaken by
these groups.
When Ellerton moved to Calgary, one of the first cases she was
involved with was the drug scandal at the Calgary Stampede Race Track.
She represented a groom in his battle against the Racing Stewards and
the Racing Commission on charges of of administering cocaine to the race
horse in his care.
This hearing turned on very technical points. Some of these points
were the rate of absorption of certain drugs into a horse's
bloodstream. Although the experts acknowledged that the tests used by
Agriculture Canada's laboratories were so sensitive that they would
pick up any reference to an unintentional environmental contamination,
the Racing Commission had decided on a no tolerance policy. This meant
that they were applying a no-fault test that was clearly outside the
authority of the legislative act that regulated the racing industry. To
make matters worse, there had been rumours of a wider conspiracy at
North American race tracks on the use of cocaine as a stimulant for
racehorses, not as a stimulant for the jockeys. After days of testimony

3. and hours of cross-examination, the case concluded. The Commission
finally ruled in favour of her client, thereby vindicating other grooms
by association.
Today, a typical Ellerton case will include the preparation of
Lease Agreements, Breeding and Sales contracts, and reviews of insurance
claims. Inquiries on the liability of escaping animals are common.
However, one of her most influential activities may be her work
developing formal equine legislation.
After an out of court settlement of a lawsuit that involved major
equestrian organizations and sponsors, the Equine Industry Development
Council of Alberta approached Ellerton with a request that she design an
Act that they could propose to the Alberta government. Currently titled
the Equine Activity Liability Act, this is the first legislation of its
kind to be considered in Canada. It was modelled on an amalgamation of
different pieces of legislation already in law in the United States. A
great deal of consultation was done by the Council within the equine
industry and this is reflected in the resulting legislation.
Commonly referred to as the EALA, this proposed Act includes all
participants in the equine industry including the racing division and
spectators and provides relief to the equine industry in its ongoing
challenge to obtain affordable insurance for its service providers. The
Council has been successful in obtaining the support of the insurance
industry, under the Insurance Bureau of Canada in its campaign to have

4. the EALA passed into law. The proposed EALA has been widely circulated
for the past year by means of workshops and conferences and the Council
is optimistic it will be passed after the provincial election.
For lovers of horses and participants in equine industries,
Ellerton has developed substantial resources. She has written and
presented many papers about equine law covering a significant range of
issues from case law reviews to evaluation and self-help guidance. She
founded a private corporation, Equine Law Inc., which delivers
educational seminars and workshops across Canada and the United States.
It has its own website at
http: / / www.equinelaw.com. She has also helped found the
fledgling Canadian Equine History Foundation and accumulated a library
on Canadian equine history. The purpose of this Foundation is to
accumulate and preserve a wide range of equine history materials so that
eventually it can become the source of a national library/museum on the
subject.
As for future goals, Ellerton plans to be more proactive in the
horse racing side of the industry. She is a firm believer in the
viability of the continuation of live horse racing in Canada, feeling
that given the right environment and incentive, this sport will become
increasingly popular with the general public, specifically the family.
"No other sport can provide the excitement of a race with team
involvement that includes a horse, a rider, their stable and
owners," says Ellerton. "Where special colours, special names

5. and special characters provide such a healthy form of entertainment that
has such a long history and glory to draw upon." The event of a
race day can be one for family outings, picnics and country fairs. A
prime example of this is the oldest horse race meet in Alberta, the July
1st Millarville Race. What an event! With tail-gate picnics, country
fair flavour and friendly wagering. Since the 1990s this Race Meet has
doubled attendance every year.
Angelique Ellerton believes that the most rewarding law practice is
the one driven by a special interest and commitment to a specific area
of law.
Angelique L. Ellerton is a lawyer with The Ellerton Law Group in
Okotoks, Alberta.