David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioSep 4, 2008

Licensee found to have permitted drunkenness after police observed highly intoxicated patron on premises.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the Licensee for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of O. Reg. 719/90.

Police officers testified that they observed a highly intoxicated patron staggering and bumping into pillars inside the establishment.

The patron admitted to consuming at least five drinks over two hours.

The Board found that the premises were not busy and the patron's intoxication was obvious, concluding that the Licensee permitted the intoxicated person to remain on the premises.

The Board found a violation of the regulation and invited submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1197801 Ontario Inc., 2008 CanLII 52550

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioAug 27, 2008

Liquor licence for outdoor patio approved where proposed use complied with municipal zoning and parking by-laws.

The applicant applied for a liquor licence for an outdoor patio at a proposed high-end restaurant in Niagara-on-the-Lake.

A local resident objected, raising concerns about potential noise and a lack of parking, citing issues with a nearby pub.

The Board heard evidence from a land use planner and the town planner confirming that the proposed patio complied with zoning by-laws and that parking requirements had been satisfied.

Finding no evidence that the applicant would fail to abide by regulations, the Board approved the application.

Registrar, Alcohol and Gaming Commission of Ontario v. 2157600 Ontario Ltd., 2008 CanLII 52560

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 26, 2008

Adjournment granted on consent with interim liquor licence suspension remaining in effect; mutual disclosure ordered.

The Registrar ordered the interim suspension of the Licensee's liquor licence.

The Licensee requested an adjournment to accommodate their legal representative's availability.

The Board granted the adjournment on consent, ordered mutual disclosure of witness lists and summaries ten days prior to the next hearing date, and confirmed that the interim suspension remains in effect.

Registrar, Alcohol and Gaming Commission of Ontario v. 1590677 Ontario Inc. o/a Island Jerk Restaurant, 2008 CanLII 52566

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 25, 2008

Liquor licensee found to have breached the Act by serving intoxicated patrons and permitting drunkenness.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment for allegedly serving intoxicated persons and permitting drunkenness.

An AGCO inspector observed several patrons who had previously been intoxicated at another bar enter the respondent's premises, where they continued to display clear signs of intoxication and were served alcohol.

The Board found the inspector's evidence credible and objective, rejecting the respondent's claims that the patrons were merely 'seasoned drinkers' or had disabilities that mimicked intoxication.

The Board concluded that the respondent breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and invited submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1565611 Ontario Inc. O/A Roxxy Tap & Grill, 2008 CanLII 52587

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 20, 2008

Liquor licence suspended for two days following a finding of patio overcrowding.

Following a finding that the licensee breached section 43 of O.Reg 719/90 by permitting overcrowding on its patio, the Board of the Alcohol and Gaming Commission of Ontario determined the appropriate sanction.

The Registrar sought a four-day suspension, while the licensee requested a charitable donation or a one-day suspension.

Noting that the Board lacks authority to order charitable donations and considering the licensee's due diligence efforts alongside the seriousness of overcrowding, the Board ordered a two-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Elgin Street Holdings Inc. O/A Lieutenant’s Pump Restaurant, 2008 CanLII 52570

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 12, 2008

Interim suspension of liquor licence maintained pending final hearing due to public safety concerns.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered the interim suspension of the respondent's liquor licence in the interest of public safety.

The respondent requested an adjournment of the hearing to accommodate their legal representative's availability.

The Board granted the adjournment but ordered that the interim suspension remain in effect until the final decision is rendered, citing the seriousness of the allegations and the potential impact on public safety.

Registrar, Alcohol and Gaming Commission of Ontario v. 1590677 Ontario Inc. o/a Island Jerk Restaurant, 2008 CanLII 52565

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 29, 2008

Hearing on removal of liquor licence conditions adjourned pending transfer to permanent operator.

The Licensee applied to remove conditions on its liquor licence, and the Registrar issued a Notice of Proposal to refuse the removal.

At the hearing, it was revealed that the current operator was only an interim operator and was in the process of transferring the licence to a permanent operator.

The Board ordered the hearing adjourned until the licence transfer is approved, except for one condition which was removed on consent as it was no longer applicable.

Registrar, Alcohol and Gaming Commission of Ontario v. 2133048 Ontario Ltd. O/A Cavern (The), 2008 CanLII 91768

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioJul 14, 2008

Board amends dates of 10-day liquor licence suspension on consent of the parties.

The Licensee requested an amendment to the dates of a 10-day liquor licence suspension previously ordered by the Board.

The Registrar consented to the proposed amendment.

The Board issued an amending order, changing the suspension dates to commence on July 29, 2008, and continue until August 8, 2008.

Registrar of Alcohol and Gaming v. 2027980 Ontario Limited (Jack's), 2008 CanLII 91818

Gaming assistant registration refused due to applicant's financial irresponsibility and failure to disclose information.

The Registrar issued a Notice of Proposed Order to refuse the applicant's registration as a gaming assistant due to financial irresponsibility and failure to disclose information.

The applicant did not attend the hearing, which proceeded ex parte.

The Board found that the applicant's history of bankruptcies, outstanding debts, and evasiveness during the investigation demonstrated a lack of honesty and integrity.

The Board confirmed the Registrar's order refusing the registration.

Registrar, Alcohol and Gaming Commission of Ontario v. Marc Blain, 2008 CanLII 91841

Phillip Morris

Paul Pappas

1 case2008–2008

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 11, 2008

Liquor licence suspended for 7 days and conditions imposed following fights and drug discoveries on premises.

A hearing was held regarding a Notice of Proposal to suspend a liquor licence based on allegations of a drunken patron being injured in a fight and the discovery of drug paraphernalia and cocaine on the premises.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found the licensee breached subsections 45(1) and 45(2) of Ontario Regulation 719/90.

The Board ordered a 7-day suspension of the liquor licence and imposed additional conditions, including mandatory security guards and a ban on glass bottles on the patio.

Registrar, Alcohol and Gaming Commission of Ontario v. 1160595 Ontario Limited, 2008 CanLII 91832

Phillip Morris

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 8, 2008

Liquor licence suspended for 21 days with strict security conditions imposed following a violent brawl.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Sugar Island Restaurant & Bar following a violent incident where a fight inside the premises escalated outside, resulting in four stabbings and two people being struck by a vehicle.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, finding a breach of section 45.1 of O. Reg. 719/90.

The Board ordered a 21-day suspension of the liquor licence and imposed extensive security conditions, including mandatory wanding of patrons, employment of licensed security guards, and the implementation of a security plan with video surveillance.

Registrar, Alcohol and Gaming Commission of Ontario v. 2113753 Ontario Ltd. O/A Sugar Island Restaurant & Bar, 2008 CanLII 91903

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 8, 2008

Liquor licence breach found for patio overcrowding; penalty submissions invited.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence, alleging two breaches of section 43 of O.Reg 719/90 for overcrowding on the upper patio during a busy night of the Stanley Cup playoffs.

An AGCO inspector testified to conducting counts showing the patio was over capacity at 10:00 p.m. and 11:45 p.m.

The licensee's staff testified that they maintained capacity but experienced issues with patrons jumping the patio fence.

The Board found insufficient evidence of a breach at 10:00 p.m. but concluded a breach occurred at 11:45 p.m., noting the licensee's staff admitted to being over capacity at that time due to fence jumpers.

The Board invited written submissions on penalty, noting the licensee's due diligence would be considered.

Registrar, Alcohol and Gaming Commission of Ontario v. Elgin Street Holdings Inc., 2008 CanLII 91839

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 7, 2008

Amending order issued to add inadvertently omitted noise conditions to a liquor licence.

The Board issued an amending order to correct an inadvertent omission in its June 30, 2008 decision regarding the liquor licence of Humphreys on Bank.

The amended order adds conditions agreed to in a joint submission, prohibiting live music, amplified sound, and amplification systems on the outdoor patio.

2128290 Ontario Inc. (Humphreys on Bank), 2008 CanLII 91815

Sujin Chan

23 cases2007–2009

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 30, 2008

Liquor licence suspended for three days due to noise disturbances from outdoor patio.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Humphreys on Bank due to noise from its outdoor patio disturbing the surrounding neighbourhood.

The licensee admitted to violating section 46 of Ontario Regulation 719/90.

Based on an Agreed Statement of Facts and a Joint Submission on Disposition, the Board ordered a three-day suspension of the liquor licence and added conditions prohibiting live or amplified music on the patio.

Registrar, Alcohol and Gaming Commission of Ontario v. 2128290 Ontario Inc. O/A Humphreys on Bank, 2008 CanLII 91813

Phillip Morris

Joan Lougheed

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJun 26, 2008

Special occasion permit approved subject to strict security and service conditions following past liquor licence breaches.

The applicant applied for a special occasion permit and the removal of conditions previously imposed by the Board.

The Registrar had refused the application due to a 2006 incident involving a large fight, over-service, and underage drinking.

The parties submitted an Agreed Statement of Facts acknowledging the past breaches of the Liquor Licence Act and proposed a joint submission on disposition.

The Board approved the application for the special occasion permit subject to strict conditions regarding security, capacity, hours of service, and the admission of minors.

Registrar, Alcohol and Gaming Commission of Ontario v. Giving B.A.A.C.K., 2008 CanLII 91804

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioJun 18, 2008

Liquor licence suspension dates set for August despite Registrar's request to delay until school year.

Following a decision suspending the licensee's liquor licence for 10 days, the parties disagreed on the dates for the suspension.

The licensee proposed dates in August, which the Registrar opposed because they included a holiday weekend and fell outside the school year when the infractions occurred.

The Board accepted the licensee's proposed dates, finding they complied with Board policy and that delaying the suspension until the fall would cause unnecessary delay and unfairness.

Registrar, Alcohol and Gaming Commission of Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 91819

Brad Alton

Suspended Administratively76 cases2006–2009

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioJun 16, 2008

Special Occasion Permit approved subject to conditions on hours, security, and drink limits.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse further Special Occasion Permits to the applicant club.

Following a hearing, the parties presented a Joint Submission on Disposition.

The Board approved the application and ordered that future permits be subject to conditions, including early closure of the liquor service bar and entertainment, mandatory third-party security, and a two-drink purchase limit per patron.

Registrar, Alcohol and Gaming Commission of Ontario v. Ottervalley Optimist Club, 2008 CanLII 91860

Guy Maurice

AGCO0 cases2006–2010

David C. Gavsie

AGCOUnanimous47 cases2006–2015

AGCOAlcohol and Gaming Commission of OntarioJun 2, 2008

Application to remove liquor licence condition excluding husband from premises denied for lack of changed circumstances.

The Licensee applied to remove a condition on its liquor licence that prohibited the sole shareholder's husband from being in the licensed premises during operating hours.

The condition had been imposed due to concerns that the sole shareholder was acting as a 'front' for her husband, who had previously surrendered a liquor licence for the same premises following multiple infractions.

The Licensee argued that the premises had changed from a bar to a family restaurant and that the husband should be allowed to socialize with his family there.

The Board found no evidence of a change in circumstances that would justify removing the condition, noting that the family could socialize elsewhere.

The application was denied.

Registrar, Alcohol and Gaming Commission Ontario v. 1705655 Ontario Limited O/A Tru’s Grillhouse, 2008 CanLII 35250

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 27, 2008

Liquor licence suspended for 14 days after licensee failed to propose suspension dates.

Following a finding of violations under the Liquor Licence Act and its regulations, the Board ordered a 14-day suspension of the respondent's liquor licence and requested the respondent propose suspension dates.

The respondent failed to submit proposed dates or respond to the Board's subsequent request.

Consequently, the Board ordered the 14-day suspension to commence on July 7, 2008.

Registrar of Alcohol and Gaming v. 4050886 Canada Inc., 2008 CanLII 35225

Karen Zvulony

In Private Practice20 cases2007–2026

Jacqueline Castel

AGCOUnanimous27 cases2008–2022

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 23, 2008

Liquor licence suspended for 18 days for serving after hours and permitting drunkenness.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the Crown and Tiger (Lips) for alleged violations of the Liquor Licence Act.

The parties submitted an Agreed Statement of Facts admitting that the licensee served alcohol after hours and permitted an intoxicated patron on the premises.

The Board accepted the joint submission and ordered an 18-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. Premathas (Siven) Karunananthan O/A Crown and Tiger (Lips), 2008 CanLII 35201

assisting the Applicant

Josh SidworthCounsel
1 appearance

Chair, Pembroke Police Services Board

Mike LemayAgent
1 appearance

Counsel, City of Pembroke

David MigicovskyCounsel
1 appearance

Counsel for the Appellant

Glen S. DonaldCounsel
1 appearance
Theresa R. SimoneCounsel
1 appearance

Counsel for The City of Kawartha Lakes Police Service

Glenn P. ChristieCounsel
1 appearance

Counsel for the Greater Sudbury Police Service

David MigicovskyCounsel
1 appearance

Counsel for the Respondent

Bruce K. BrownCounsel
1 appearance

Counsel for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

Counsel for the Respondent, Ottawa Police Service

Joël DuboisCounsel
1 appearance

for both the Durham Regional Police Association and the Durham Regional Police Senior Officers’ Association

Joshua S. PhillipsCounsel
1 appearance

for Chief Gauthier

Ian JohnstoneCounsel
1 appearance
Alex SinclairCounsel
1 appearance

for Chief John Gauthier

Ian JohnstoneCounsel
1 appearance
Alex SinclairCounsel
1 appearance

for Const. Vincent Wong

Melanie WebbCounsel
1 appearance
Alan D. GoldCounsel
1 appearance

for Daryl Bennett

Richard TaylorCounsel
3 appearances

for Daryl Bennett (Moving Party)

Richard TaylorCounsel
1 appearance

for Daryl Bennett (Responding Party)

Richard TaylorCounsel
1 appearance

for Durham College

Alexander PettingillCounsel
1 appearance

for Durham Regional Police Chief Mike Ewles

Angela KhouryCounsel
1 appearance

for herself and the Objectors

Carmila DuarteSelf-represented
1 appearance

for himself

Misha GloubermanSelf-represented
1 appearance
Grant Martin McEnenySelf-represented
1 appearance

for himself and resident objectors

Brian McHattieSelf-represented
1 appearance

for himself and the resident objectors

Daniel MouSelf-represented
1 appearance

for Les Suites Hotel

Gordon DouglasAgent
1 appearance

for Public Complainant Jason Wall

Kathleen BurkeCounsel
1 appearance

for Squeeze Liquor Emporium Inc.

Peter CopelandAgent
1 appearance

for the Appellant

David ButtCounsel
4 appearances
Adam WeisbergCounsel
2 appearances
Andrew P. McKayCounsel
2 appearances
Elisabeth WidnerCounsel
1 appearance
Bernard J. CumminsCounsel
1 appearance
William CarrollCounsel
1 appearance
Maureen SalamaCounsel
1 appearance
Joanne MulcahyCounsel
1 appearance
Richard NimanCounsel
1 appearance
James GirvinCounsel
1 appearance
Glen S. DonaldCounsel
1 appearance
Allan O’BrienCounsel
1 appearance
Brian LawsonCounsel
1 appearance

for the Appellant, Constable Craig Markham

Pamela MachadoCounsel
1 appearance

for the Appellant, Constable Craig Wiles

William R. MacKenzieCounsel
1 appearance

for the Applicant

Ainslie DunstoneAgent
2 appearances
Ori OvicsAgent
1 appearance
Scot CrawfordSelf-represented
1 appearance
Ed GreshemAgent
1 appearance
Carole GrecoSelf-represented
1 appearance
Mark TileyAgent
1 appearance
Mr. SmithAgent
1 appearance
Andrew BradieAgent
1 appearance
Darrell CarletonSelf-represented
1 appearance
Wendy CotnamAgent
1 appearance
John MannSelf-represented
1 appearance
John P. CorrentAgent
1 appearance
Martin Anthony UtrosaAgent
1 appearance
Jamie LatendresseAgent
1 appearance
Patricia MutchSelf-represented
1 appearance
Susan PlainSelf-represented
1 appearance
Andy WongAgent
1 appearance
Marianna ArpinoAgent
1 appearance
Maria Divina Gracia BautistaAgent
1 appearance
Randall BarrsAgent
1 appearance

for the Applicant 2157600 Ontario Ltd.

Sara J. PremiAgent
1 appearance

for the Applicants

Joshua PhillipsCounsel
1 appearance
Adam WebbeCounsel
1 appearance

for the City of Burlington

Kelly YerxaAgent
1 appearance

for the City of Dryden

Craig NuttallAgent
1 appearance

for the City of Toronto

Ray KallioCounsel
3 appearances
Jessica BraunCounsel
3 appearances

for the Commission

Erin RizokCounsel
1 appearance
Victoria KondoCounsel
1 appearance

for the corporate licensee

Allan QiangAgent
2 appearances
Frank (Francesco) InserraSelf-represented
1 appearance
Joseph SolomonAgent
1 appearance
Prakash DoodramSelf-represented
1 appearance
Michael SoleskiSelf-represented
1 appearance
Tung Chich WeAgent
1 appearance
Adam VassosCounsel
1 appearance
Vincent BridgelallAgent
1 appearance
Michael SoleskiAgent
1 appearance
Lou CiotoliCounsel
1 appearance

for the Corporation of the Town of Perth

John FenikAgent
1 appearance

for the Dryden Police Service

Robert A. DavisAgent
1 appearance

for the Dryden Police Services Board

Robert C. EdwardsCounsel
1 appearance
Peter AndruscoAgent
1 appearance

for the Durham Regional Police Services Board

Bill ClancyCounsel
1 appearance

for the Intervener, Corporation of the City of Sarnia

Scott McEachranCounsel
1 appearance

for the licence holder

Jerry LevitanCounsel
2 appearances
Noel GerryCounsel
1 appearance
Ainslie DunstoneAgent
1 appearance
Adam VassosCounsel
1 appearance
John KranjcCounsel
1 appearance

for the Licence Holder

Jose Eduardo ManceboSelf-represented
1 appearance
Andrew BradieCounsel
1 appearance
Jerry LevitanCounsel
1 appearance
Rolland HedgesCounsel
1 appearance
Michael LernerCounsel
1 appearance

for the licensee

Richard KestenAgent
1 appearance
Eric Keith GuenetteSelf-represented
1 appearance

for the Licensee

Jerry LevitanCounsel
6 appearances
Robert PlouffeAgent
6 appearances
Randall BarrsCounsel
5 appearances
Paul LewandowskiAgent
4 appearances
Michele KhitabAgent
4 appearances
Adam VassosCounsel
4 appearances
Patrick LittleAgent
4 appearances
Randall BarrsAgent
4 appearances
Lawrence GreensponCounsel
4 appearances
Ivan MariniAgent
4 appearances
Norman BoxallCounsel
4 appearances
Michael LernerCounsel
3 appearances
Jerry LevitanAgent
3 appearances
Garry Charles HirtleSelf-represented
3 appearances
Adam VassosAgent
3 appearances
Shannon McCulloughSelf-represented
2 appearances
Kenneth DansonCounsel
2 appearances
Joseph IrvingCounsel
2 appearances
James Arthur BarkeySelf-represented
2 appearances
Cheryl NedrickSelf-represented
2 appearances

for the Licensees

Augusto CouteiroAgent
1 appearance

for the Member

Murray PuddicombeSelf-represented
1 appearance

for the Moving Party, Jason Wall

Kathleen BurkeCounsel
1 appearance

for the Moving Party, Provincial Constable Ashley Grills

Gavin MayCounsel
1 appearance

for the Moving Party (Respondent), Toronto Police Service

Sharon WilmotCounsel
1 appearance

for the Moving Party, the OPP

Lorenzo D. PolicelliCounsel
1 appearance

for the Municipality of Port Hope

Linda ThompsonAgent
1 appearance

for the Niagara Regional Police Association

Barrie ChercoverCounsel
1 appearance

for the Objector

Robert MurraySelf-represented
1 appearance

for the objectors

Pamela PestalukyAgent
1 appearance
Misha GloubermanAgent
1 appearance

for the Objectors

Barry CardAgent
1 appearance

for the Office of the Independent Police Review Director

Miriam SaksznajderCounsel
1 appearance

for the Ontario Civilian Police Commission

Prabhu RajanCounsel
3 appearances
Melanie GorenCounsel
2 appearances
Brian G. WhiteheadCounsel
1 appearance
Hera EvansCounsel
1 appearance
Victoria KondoCounsel
1 appearance
Erin RizokCounsel
1 appearance

for the Ontario Civilian Police Commission (Moving Party)

Prabhu RajanCounsel
1 appearance
Melanie GorenCounsel
1 appearance

for the Ontario Civilian Police Commission (Responding Party)

Prabhu RajanCounsel
1 appearance
Melanie GorenCounsel
1 appearance

for the Ontario Provincial Police

Paul LegaultAgent
1 appearance
Gerry SalisburyAgent
1 appearance
Rod CaseAgent
1 appearance

for the Owen Sound Police Service

William SorenbergerAgent
2 appearances

for the Perth Police Association

Steve McElvrayUnion representative
1 appearance

for the Perth Police Service

Pat CapelloAgent
1 appearance

for the Perth Police Services Board

Stephanie GrayAgent
1 appearance

for the Port Hope Police Association

Paul SpencerUnion representative
1 appearance

for the Port Hope Police Service

Kevin McAlpineAgent
1 appearance

for the Port Hope Police Service Board

Liz StewartAgent
1 appearance
Glenn P. ChristieCounsel
1 appearance

for the Registrant

James BranoffCounsel
1 appearance
D.T.P.Self-represented
1 appearance
David SonSelf-represented
1 appearance
Benoit RicherAgent
1 appearance
Loretta Lynn SandySelf-represented
1 appearance
Semih BilbasSelf-represented
1 appearance

for the Registrar

Joyce TaylorAgent
40 appearances
Richard KulisAgent
34 appearances
Phillip MorrisAgent
29 appearances
Phillip MorrisCounsel
24 appearances
Richard KulisCounsel
22 appearances
Brad AltonCounsel
22 appearances
Joyce TaylorCounsel
19 appearances
Brad AltonAgent
12 appearances
Daniel AlakasAgent
12 appearances
Sujin ChanAgent
12 appearances
Bryna KaplanCounsel
9 appearances
Bryna KaplanAgent
8 appearances
Rena KhanAgent
5 appearances
Dan AlakasAgent
4 appearances
Sujin ChanCounsel
4 appearances
Rena KhanCounsel
2 appearances
Scott HutchinsonCounsel
2 appearances
Ms KhanCounsel
1 appearance
Dan AlakasCounsel
1 appearance
Aviva HarariAgent
1 appearance

for the Registrar, AGCO

Richard KulisCounsel
1 appearance

for the Registrar, Alcohol and Gaming Commission

Phillip MorrisAgent
3 appearances
Joyce TaylorAgent
2 appearances
Richard KulisAgent
1 appearance
Sandra LucasAgent
1 appearance
Brad AltonAgent
1 appearance
Rena KhanAgent
1 appearance

for the resident objectors

Enzo TerroneSelf-represented
1 appearance

for the Resident Objectors

Idella LazarSelf-represented
1 appearance
Elinor Linda TeplinSelf-represented
1 appearance

for the Respondent

Lynda BordeleauCounsel
2 appearances
David CowlingCounsel
2 appearances
Bruce K. BrownCounsel
2 appearances
Michael MartoshCounsel
1 appearance
Ian SolomonCounsel
1 appearance
Joel DuboisCounsel
1 appearance
Zoya TrofimenkoCounsel
1 appearance
Jason D. FraserCounsel
1 appearance
Michael ShardCounsel
1 appearance
Norman W. FeaverCounsel
1 appearance
Joël DuboisCounsel
1 appearance
Robert HoustonCounsel
1 appearance

for the Respondent Board and Police Chief

Alex SinclairCounsel
1 appearance
Ian B. JohnstoneCounsel
1 appearance

for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

for the Respondent Durham College

Joyce TamCounsel
1 appearance

for the Respondent Durham Regional Police Service

Alex SinclairCounsel
1 appearance
Ian B. JohnstoneCounsel
1 appearance

for the Respondent Officers Sgt. Trudeau, Const. Sirie and Const. Freeman

Jeffrey BroadbentCounsel
1 appearance

for the Respondent, Ontario Provincial Police

Crystal O'DonnellCounsel
1 appearance

for the Respondent, Ottawa Police Service

Christiane HuneaultCounsel
1 appearance

for the Respondent Sault Ste. Marie Police Service

Ian JohnstoneCounsel
1 appearance

for the Respondent Service

Jennifer GunningCounsel
1 appearance

for the Respondent, Waterloo Regional Police Service

Virginia TorranceCounsel
1 appearance
Gary V. MelansonCounsel
1 appearance

for the Responding Party (Appellant)

Steven IzzettSelf-represented
1 appearance

for the Responding Party, Constable Vincent Wong

Melanie WebbCounsel
1 appearance
Alan D. GoldCounsel
1 appearance

for the Responding Party, Sgt. Mulligan

Michelle Hamilton MayersCounsel
1 appearance

for the Responding Party, the OPP

Jodie-Lynn WaddiloveCounsel
1 appearance
Hera EvansCounsel
1 appearance

for the Responding Party, Toronto Police Service

Sie-Wing KhowCounsel
1 appearance

for the Statutory Intervener

Miriam SaksznajderCounsel
1 appearance

for the Toronto Police Service

Sharon WilmotCounsel
1 appearance

for the Waterloo Regional Police Service, Respondent and the Moving Party on the Motion

Gary MelansonCounsel
1 appearance
Lynda BordeleauCounsel
1 appearance

for Vintners Quality Alliance Ontario

Risa KirshblumCounsel
1 appearance

Mayor, City of Pembroke

Ed JacynoAgent
1 appearance

member of the public

Elwyn BehnkeSelf-represented
1 appearance

Member of the Public

Rod EwingSelf-represented
1 appearance
Wilfred DaySelf-represented
1 appearance

on behalf of the corporate licensee

Michael VourakesAgent
2 appearances
Michael VourakesSelf-represented
1 appearance

on behalf of the Estate

Mara BijelicSelf-represented
1 appearance

on her own behalf and on behalf of the Objectors

Gracia JanesSelf-represented
1 appearance

on her own behalf and on behalf of the resident objectors

Sherry Wylie-ArbicSelf-represented
1 appearance

on her own behalf and on behalf of the Resident Objectors

Joanne SchinghSelf-represented
1 appearance

On her own behalf and on behalf of the resident objectors

Sharon O’SullivanSelf-represented
1 appearance

On his own behalf

Ken MurphySelf-represented
1 appearance

On his own behalf and on behalf of the Corporate Licensee

Joseph SaracoSelf-represented
1 appearance

on his own behalf and on behalf of the objectors

Mickey WallaceSelf-represented
1 appearance

Ontario Provincial Police

Paul LegaultAgent
1 appearance
Jeff SmithAgent
1 appearance

party to the proceeding

Stan KozakSelf-represented
1 appearance

Personally

Art PlussSelf-represented
1 appearance

pour 2083615 Ontario Inc., titulaire du permis

François LandryCounsel
1 appearance
Charles GibsonCounsel
1 appearance
François LandryAgent
1 appearance
Charles GibsonAgent
1 appearance

pour Byward Market Business Improvement Association

Janet BradleyCounsel
1 appearance

pour la Zone d’amélioration commerciale du marché By

Janet BradleyAgent
1 appearance

pour le Registrateur

Joyce TaylorCounsel
1 appearance

pour le Registrateur, Commission des alcools et des jeux

Joyce TaylorCounsel
1 appearance

pour le Registrateur, Commission des alcools et des jeux de l’Ontario

Joyce TaylorAgent
1 appearance

pour le titulaire du permis

François LandryCounsel
1 appearance
Charles GibsonCounsel
1 appearance

pour l'Intervenant

Janet BradleyCounsel
1 appearance

President, Pembroke Police Association

Jamie HoltUnion representative
1 appearance

Representative of the Registrar

Brad AltonAgent
1 appearance

resident

Michael WicklumSelf-represented
1 appearance
Stuart HowardSelf-represented
1 appearance
Carl RubinoSelf-represented
1 appearance
John ChalmersSelf-represented
1 appearance
Lana MarchSelf-represented
1 appearance

self-represented

Gary LavoieSelf-represented
1 appearance

Self-Represented Appellant

Constable Randy JohnsonSelf-represented
1 appearance
Magabi SuleimanSelf-represented
1 appearance

369

Decisions

Years active

Tribunals

3.6

cases/mo

AGCO322(87%)

OCPC47(13%)

Decision types

trial

268

motion

appeal

/Adjudicator

David C. Gavsie — Chair

Administrative Law

Other Tribunals

Employment and Labour Law

Criminal and Quasi-Criminal Law

Human Rights

David C. Gavsie

Chair·Ontario Civilian Police Commission·Since 2006

OCPC AGCO

369

cases · 10 yrs · AGCO, OCPC

Trial

Motion

Costs

Appeal

Sentencing

Chair, AGCO· 127Chair· 111Chair· 33Chair of AGCO· 20Associate Chair· 20Chair, AGCO· 9CHAIR, AGCO· 8Former Chair, AGCO· 6

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioSep 4, 2008

Licensee found to have permitted drunkenness after police observed highly intoxicated patron on premises.

The Registrar issued a Notice of Proposal to suspend the liquor licence of the Licensee for allegedly permitting drunkenness on its premises, contrary to subsection 45(1) of O. Reg. 719/90.

Police officers testified that they observed a highly intoxicated patron staggering and bumping into pillars inside the establishment.

The patron admitted to consuming at least five drinks over two hours.

The Board found that the premises were not busy and the patron's intoxication was obvious, concluding that the Licensee permitted the intoxicated person to remain on the premises.

The Board found a violation of the regulation and invited submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1197801 Ontario Inc., 2008 CanLII 52550

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioAug 27, 2008

Liquor licence for outdoor patio approved where proposed use complied with municipal zoning and parking by-laws.

The applicant applied for a liquor licence for an outdoor patio at a proposed high-end restaurant in Niagara-on-the-Lake.

A local resident objected, raising concerns about potential noise and a lack of parking, citing issues with a nearby pub.

The Board heard evidence from a land use planner and the town planner confirming that the proposed patio complied with zoning by-laws and that parking requirements had been satisfied.

Finding no evidence that the applicant would fail to abide by regulations, the Board approved the application.

Registrar, Alcohol and Gaming Commission of Ontario v. 2157600 Ontario Ltd., 2008 CanLII 52560

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 26, 2008

Adjournment granted on consent with interim liquor licence suspension remaining in effect; mutual disclosure ordered.

The Registrar ordered the interim suspension of the Licensee's liquor licence.

The Licensee requested an adjournment to accommodate their legal representative's availability.

Registrar, Alcohol and Gaming Commission of Ontario v. 1590677 Ontario Inc. o/a Island Jerk Restaurant, 2008 CanLII 52566

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 25, 2008

Liquor licensee found to have breached the Act by serving intoxicated patrons and permitting drunkenness.

The Board found the inspector's evidence credible and objective, rejecting the respondent's claims that the patrons were merely 'seasoned drinkers' or had disabilities that mimicked intoxication.

The Board concluded that the respondent breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and invited submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1565611 Ontario Inc. O/A Roxxy Tap & Grill, 2008 CanLII 52587

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 20, 2008

Liquor licence suspended for two days following a finding of patio overcrowding.

The Registrar sought a four-day suspension, while the licensee requested a charitable donation or a one-day suspension.

Registrar, Alcohol and Gaming Commission of Ontario v. Elgin Street Holdings Inc. O/A Lieutenant’s Pump Restaurant, 2008 CanLII 52570

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioAug 12, 2008

Interim suspension of liquor licence maintained pending final hearing due to public safety concerns.

The Registrar of the Alcohol and Gaming Commission of Ontario ordered the interim suspension of the respondent's liquor licence in the interest of public safety.

The respondent requested an adjournment of the hearing to accommodate their legal representative's availability.

Registrar, Alcohol and Gaming Commission of Ontario v. 1590677 Ontario Inc. o/a Island Jerk Restaurant, 2008 CanLII 52565

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 29, 2008

Hearing on removal of liquor licence conditions adjourned pending transfer to permanent operator.

The Licensee applied to remove conditions on its liquor licence, and the Registrar issued a Notice of Proposal to refuse the removal.

At the hearing, it was revealed that the current operator was only an interim operator and was in the process of transferring the licence to a permanent operator.

The Board ordered the hearing adjourned until the licence transfer is approved, except for one condition which was removed on consent as it was no longer applicable.

Registrar, Alcohol and Gaming Commission of Ontario v. 2133048 Ontario Ltd. O/A Cavern (The), 2008 CanLII 91768

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioJul 14, 2008

Board amends dates of 10-day liquor licence suspension on consent of the parties.

The Licensee requested an amendment to the dates of a 10-day liquor licence suspension previously ordered by the Board.

The Registrar consented to the proposed amendment.

The Board issued an amending order, changing the suspension dates to commence on July 29, 2008, and continue until August 8, 2008.

Registrar of Alcohol and Gaming v. 2027980 Ontario Limited (Jack's), 2008 CanLII 91818

Jacqueline Castel

AGCOUnanimous27 cases2008–2022

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 11, 2008

Gaming assistant registration refused due to applicant's financial irresponsibility and failure to disclose information.

The Registrar issued a Notice of Proposed Order to refuse the applicant's registration as a gaming assistant due to financial irresponsibility and failure to disclose information.

The applicant did not attend the hearing, which proceeded ex parte.

The Board found that the applicant's history of bankruptcies, outstanding debts, and evasiveness during the investigation demonstrated a lack of honesty and integrity.

The Board confirmed the Registrar's order refusing the registration.

Registrar, Alcohol and Gaming Commission of Ontario v. Marc Blain, 2008 CanLII 91841

Phillip Morris

Paul Pappas

1 case2008–2008

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 11, 2008

Liquor licence suspended for 7 days and conditions imposed following fights and drug discoveries on premises.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board found the licensee breached subsections 45(1) and 45(2) of Ontario Regulation 719/90.

The Board ordered a 7-day suspension of the liquor licence and imposed additional conditions, including mandatory security guards and a ban on glass bottles on the patio.

Registrar, Alcohol and Gaming Commission of Ontario v. 1160595 Ontario Limited, 2008 CanLII 91832

Phillip Morris

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 8, 2008

Liquor licence suspended for 21 days with strict security conditions imposed following a violent brawl.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission, finding a breach of section 45.1 of O. Reg. 719/90.

Registrar, Alcohol and Gaming Commission of Ontario v. 2113753 Ontario Ltd. O/A Sugar Island Restaurant & Bar, 2008 CanLII 91903

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 8, 2008

Liquor licence breach found for patio overcrowding; penalty submissions invited.

An AGCO inspector testified to conducting counts showing the patio was over capacity at 10:00 p.m. and 11:45 p.m.

The licensee's staff testified that they maintained capacity but experienced issues with patrons jumping the patio fence.

The Board invited written submissions on penalty, noting the licensee's due diligence would be considered.

Registrar, Alcohol and Gaming Commission of Ontario v. Elgin Street Holdings Inc., 2008 CanLII 91839

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 7, 2008

Amending order issued to add inadvertently omitted noise conditions to a liquor licence.

The Board issued an amending order to correct an inadvertent omission in its June 30, 2008 decision regarding the liquor licence of Humphreys on Bank.

The amended order adds conditions agreed to in a joint submission, prohibiting live music, amplified sound, and amplification systems on the outdoor patio.

2128290 Ontario Inc. (Humphreys on Bank), 2008 CanLII 91815

Sujin Chan

23 cases2007–2009

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 30, 2008

Liquor licence suspended for three days due to noise disturbances from outdoor patio.

The licensee admitted to violating section 46 of Ontario Regulation 719/90.

Registrar, Alcohol and Gaming Commission of Ontario v. 2128290 Ontario Inc. O/A Humphreys on Bank, 2008 CanLII 91813

Phillip Morris

Joan Lougheed

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJun 26, 2008

Special occasion permit approved subject to strict security and service conditions following past liquor licence breaches.

The applicant applied for a special occasion permit and the removal of conditions previously imposed by the Board.

The Registrar had refused the application due to a 2006 incident involving a large fight, over-service, and underage drinking.

The parties submitted an Agreed Statement of Facts acknowledging the past breaches of the Liquor Licence Act and proposed a joint submission on disposition.

The Board approved the application for the special occasion permit subject to strict conditions regarding security, capacity, hours of service, and the admission of minors.

Registrar, Alcohol and Gaming Commission of Ontario v. Giving B.A.A.C.K., 2008 CanLII 91804

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioJun 18, 2008

Liquor licence suspension dates set for August despite Registrar's request to delay until school year.

Following a decision suspending the licensee's liquor licence for 10 days, the parties disagreed on the dates for the suspension.

The licensee proposed dates in August, which the Registrar opposed because they included a holiday weekend and fell outside the school year when the infractions occurred.

The Board accepted the licensee's proposed dates, finding they complied with Board policy and that delaying the suspension until the fall would cause unnecessary delay and unfairness.

Registrar, Alcohol and Gaming Commission of Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 91819

Brad Alton

Suspended Administratively76 cases2006–2009

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioJun 16, 2008

Special Occasion Permit approved subject to conditions on hours, security, and drink limits.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse further Special Occasion Permits to the applicant club.

Following a hearing, the parties presented a Joint Submission on Disposition.

Registrar, Alcohol and Gaming Commission of Ontario v. Ottervalley Optimist Club, 2008 CanLII 91860

Guy Maurice

AGCO0 cases2006–2010

David C. Gavsie

AGCOUnanimous47 cases2006–2015

AGCOAlcohol and Gaming Commission of OntarioJun 2, 2008

Application to remove liquor licence condition excluding husband from premises denied for lack of changed circumstances.

The Licensee applied to remove a condition on its liquor licence that prohibited the sole shareholder's husband from being in the licensed premises during operating hours.

The Licensee argued that the premises had changed from a bar to a family restaurant and that the husband should be allowed to socialize with his family there.

The Board found no evidence of a change in circumstances that would justify removing the condition, noting that the family could socialize elsewhere.

The application was denied.

Registrar, Alcohol and Gaming Commission Ontario v. 1705655 Ontario Limited O/A Tru’s Grillhouse, 2008 CanLII 35250

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 27, 2008

Liquor licence suspended for 14 days after licensee failed to propose suspension dates.

The respondent failed to submit proposed dates or respond to the Board's subsequent request.

Consequently, the Board ordered the 14-day suspension to commence on July 7, 2008.

Registrar of Alcohol and Gaming v. 4050886 Canada Inc., 2008 CanLII 35225

Karen Zvulony

In Private Practice20 cases2007–2026

Jacqueline Castel

AGCOUnanimous27 cases2008–2022

David C. Gavsie

Alex McCauley