Alex McCauley

The Registrar of Alcohol, Gaming and Racing issued an Order of Monetary Penalty of $3,000 against the appellant, alleging it permitted drinking games that encouraged immoderate consumption of liquor and failed to maintain control over the premises.

The allegations stemmed from patrons playing dice games.

The Licence Appeal Tribunal found that the dice games were culturally significant and not intended to promote drinking, and there was no evidence of intoxication or a policy encouraging immoderate consumption.

The Tribunal directed the Registrar not to carry out the monetary penalty.

The appellants, two commercial trucking companies, appealed an order of the Registrar of Motor Vehicles cancelling their Commercial Vehicle Operators Registration (CVOR) certificates and seizing their plates due to poor safety records.

The Licence Appeal Tribunal found that the two companies were "related" within the meaning of the Highway Traffic Act, as they were managed by the same individual who shifted operations between them to avoid regulatory sanctions.

Given the companies' high violation rates, including at-fault collisions and log book violations, the Tribunal concluded the Registrar had reason to believe the appellants would not operate safely.

The appeal was dismissed and the cancellation order was confirmed.

The appellants brought a motion for the presiding member to recuse himself, alleging a reasonable apprehension of bias.

The allegations were based on the member's denial of adjournment and disclosure motions, exposure to privileged settlement information during the respondent's opening submissions, and the member's questioning of a witness.

The Tribunal dismissed the motion, finding that unfavourable rulings do not constitute bias, adjudicators are capable of disregarding inadmissible evidence, and there was insufficient evidence regarding the alleged improper questioning.

The Registrar of Alcohol and Gaming issued a Notice of Proposed Order to revoke the appellant's registration as a gaming supplier (seller of lottery products).

The appellant's principal admitted to failing to disclose charges, convictions, and judgment debts on the renewal application, and had a history of regulatory non-compliance and outstanding debts.

The Licence Appeal Tribunal found that the appellant's past conduct afforded reasonable grounds to believe it would not act in accordance with the law, integrity, and honesty.

The Tribunal directed the Registrar to carry out the proposal to revoke the registration.

The Registrar of Alcohol and Gaming imposed a $2,000 monetary penalty on the appellant licensee for permitting an intoxicated patron on the premises, contrary to section 45(1) of Regulation 719 under the Liquor Licence Act.

Two undercover inspectors observed a patron displaying clear signs of intoxication, including slurred speech, unsteadiness, and unusual behavior with servers.

The Licence Appeal Tribunal preferred the independent evidence of the inspectors over the appellant's employees and security video.

The Tribunal found that the patron was drunk and the servers knew or ought to have known of his condition, thereby confirming the monetary penalty.

The appellant appealed a proposal by the Registrar to refuse her registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The refusal was based on the appellant's past criminal conviction for sexual exploitation of a young person, for which she was still on probation.

The Tribunal found that the appellant's past conduct, which involved a significant breach of trust and a five-year improper relationship, provided reasonable grounds to believe she would not carry on business in accordance with the law and with integrity and honesty.

The appeal was dismissed and the Registrar was directed to carry out the proposal to refuse registration.

The appellant licensee appealed an Order of Monetary Penalty of $8,000 issued by the Registrar of Alcohol and Gaming for contraventions of the Liquor Licence Act and its regulations.

Inspectors observed four intoxicated patrons on the premises, two of whom were served alcohol while intoxicated.

The Licence Appeal Tribunal found that the licensee permitted drunkenness and sold liquor to intoxicated persons, confirming the monetary penalty in full.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to suspend the appellant's liquor licence for 14 days due to multiple alleged infractions.

The Licence Appeal Tribunal found that the licensee breached several provisions of the Liquor Licence Act and its regulations, including failing to supervise the sale and service of liquor, permitting an underage person to consume liquor without checking identification, permitting drunkenness on the premises, overcrowding, and failing to comply with the Fire Protection and Prevention Act.

The Tribunal ordered written submissions on the appropriate sanction.

The Appellant appealed a Notice of Proposal by the Registrar to refuse her registration as a salesperson under the Motor Vehicle Dealers Act, 2002.

The Tribunal found that the Appellant had engaged in the sale of motor vehicles while unregistered and had participated in deceptive and dishonest sales practices, including failing to disclose a vehicle's accident history and being involved in obtaining a fraudulent safety certificate.

The Tribunal concluded there were reasonable grounds to believe the Appellant would not carry on business in accordance with the law and with integrity and honesty, and directed the Registrar to carry out the proposal to refuse registration.

The Appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The Registrar cited the Appellant's past conduct, including previous tribunal decisions refusing his registrations due to inadequate safety inspections and false statements, as well as concerns about his financial responsibility regarding an outstanding CRA debt.

The Licence Appeal Tribunal found that the Appellant failed to demonstrate manageable control over his finances and lacked credibility.

The Tribunal concluded that the Appellant did not meet the requirements for registration under section 6(1) of the Motor Vehicle Dealers Act, 2002, and failed to show a material change in circumstances under section 12.

The appeal was dismissed and the Registrar was directed to carry out the proposal.

The appellant appealed an Order of Monetary Penalty of $2,000 issued by the Registrar of Alcohol and Gaming for permitting unlawful gambling on its premises, contrary to s. 45(1) of O. Reg. 719/90 under the Liquor Licence Act.

Inspectors found two gaming machines that accepted cash and had features of games of chance.

The manager admitted to making cash payouts to winners.

The Tribunal found that the machines were gaming machines and that payouts were made, confirming the monetary penalty.

The appellant appealed the Registrar of Motor Vehicles' decision to refuse to issue a Commercial Vehicle Operator's Registration (CVOR) Certificate.

The appellant had previously been issued a conditional CVOR, which required maintaining a safety violation rate under 50% and passing a facility audit.

The appellant failed the facility audit and exceeded the safety violation rate.

Furthermore, the appellant continued to operate commercial vehicles without a valid CVOR, demonstrating a disregard for highway safety laws.

The Licence Appeal Tribunal confirmed the Registrar's refusal to issue the CVOR.

The Registrar of Alcohol and Gaming proposed to suspend the appellant's liquor licence for 30 days after an undercover police operation revealed that a bartender was actively involved in trafficking cocaine on the premises.

The appellant appealed, arguing the principal had no knowledge of the drug trafficking.

The Licence Appeal Tribunal found that the principal either knew or was willfully blind to the activities, and that the licensee is vicariously liable for the actions of its employees left in charge.

The Tribunal concluded the appellant contravened subsection 45(2) of Regulation 719/90 and invited submissions on penalty.

The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a salesperson under the Motor Vehicle Dealers Act, 2002.

The appellant's previous registration was revoked in 2012 due to multiple instances of dishonesty.

The Tribunal found that while the prescribed time to reapply had passed, the appellant failed to demonstrate that material circumstances had changed.

The evidence showed the appellant made false statements on recent applications to OMVIC and RECO, and failed to repay debts owed to the Motor Vehicle Dealers Compensation Fund.

The Tribunal directed the Registrar to carry out the proposal to refuse registration.

The Appellants appealed an order of the Registrar of Motor Vehicles suspending their Commercial Vehicle Operator's Registration (CVOR) certificates for 15 days due to a high safety violation rate identified in an audit.

The Tribunal found that while the Appellants had a poor safety record in the past, they had since taken significant steps to improve compliance, resulting in a dramatically lower violation rate in a subsequent audit.

The Tribunal concluded that upholding the suspension would be punitive rather than remedial, and directed the Registrar not to carry out the suspension order.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act, arguing that the loss of the vehicle would result in exceptional hardship.

The vehicle was impounded after being driven by an individual whose licence was suspended for an impaired driving conviction.

The Tribunal found that the appellant had alternative transportation arrangements and that the situation amounted to an inconvenience rather than exceptional hardship as defined by the legislation.

The appeal was dismissed and the impoundment was confirmed.

The Registrar of Alcohol and Gaming proposed to suspend the appellant's liquor licence for 30 days for permitting an intoxicated person to remain on the premises.

The Licence Appeal Tribunal found that the patron was intoxicated and that the bartender, despite cutting the patron off, allowed him to continue consuming alcohol and migrate to other areas of the bar.

The Tribunal concluded that the appellant permitted drunkenness on the premises contrary to s. 45(1) of O. Reg. 719/90 and ordered written submissions on sanction.

The Registrar of Alcohol and Gaming proposed to revoke the appellant's liquor licence following multiple violations of the Liquor Licence Act and its regulations, including serving alcohol after hours, obstructing police, and breaching a condition requiring a manager to be present.

The Tribunal previously found the violations substantiated.

In this decision on sanction, the Tribunal found the appellant failed to accept responsibility, showed no evidence of remedial measures, and demonstrated he was not deserving of the privilege of holding a liquor licence.

The Tribunal ordered the immediate revocation of the licence.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act, arguing that the loss of the vehicle caused exceptional hardship.

The appellant and his wife claimed that the impounded four-wheel-drive vehicle was necessary to access their home via a steep hill, and its absence caused physical strain and inconvenience.

The Tribunal found that while the family experienced inconvenience, they had access to other vehicles and their situation did not meet the statutory threshold for exceptional hardship.

The appeal was dismissed and the impoundment confirmed.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to revoke the appellant's liquor licence following an incident where police responded to a disturbance outside the licensed premises.

The police were obstructed from entering the premises, and upon entry, observed signs of after-hours alcohol service and consumption.

The Tribunal found the appellant in breach of multiple provisions of the Liquor Licence Act and its regulations, including obstructing an inspection, failing to maintain control, permitting disorderly conduct, and serving alcohol outside prescribed hours.

The Tribunal also found a breach of a licence condition requiring a manager's presence.

However, the Tribunal dismissed the allegation under s. 6(2)(d) of the Act regarding the licensee's past conduct and integrity.

Written submissions on sanction were ordered.