David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMay 21, 2008

Liquor licence suspended for 10 days for permitting intoxicated patrons and breaching licence conditions.

The Alcohol and Gaming Commission of Ontario held a hearing regarding a Notice of Proposal to suspend the liquor licence of Jack's.

The Board previously found violations of the regulation prohibiting intoxicated patrons and breaches of licence conditions regarding entrances and line-ups.

In determining the sanction, the Board considered the licensee's unblemished record against the severity of the offences.

The Board ordered a 10-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 35217

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 16, 2008

Liquor licence condition regarding renovation timeline amended on consent.

The licensee requested an amendment to condition 7 of its liquor licence, which was previously approved by the Board.

On consent of the parties, the Board amended the condition to require that proposed renovations be completed within 9 months of the issuance of the liquor licence.

2088675 Ontario Inc. o/a Zu Bar, 2007 CanLII 67573

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 13, 2008

Liquor licence suspended for 14 days due to failure to monitor and supervise staff.

The Registrar of the Alcohol and Gaming Commission of Ontario sought an 18-day suspension of the licensee's liquor licence following findings of failure to monitor and supervise staff.

The licensee argued for an 11 to 12-day suspension, citing a competitor's 14-day suspension for overserving a minor.

The Board noted the principal's involvement in two establishments with poor discipline records and emphasized the need for general and specific deterrence.

The Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 4050886 Canada Inc., 2008 CanLII 35224

David C. Gavsie

AGCOUnanimous (Wrote the reasons)47 cases2006–2015

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioMay 12, 2008

Liquor licence application denied due to evidence of drug use on premises and failure to provide information.

The applicant applied for a liquor licence to operate a nightclub.

The Registrar issued a Notice of Proposal to refuse the application based on alleged violations of the Liquor Licence Act, including permitting controlled substances on the premises and failing to provide requested information.

The tribunal found that patrons were permitted to hold or consume controlled drugs on the premises, and that the applicant's principal was evasive and failed to provide required financial information to investigators.

The tribunal concluded that the applicant was disentitled to a licence under paragraphs 6(2)(d) and (f) of the Act.

The application was denied.

Registrar, Alcohol and Gaming Commission Ontario v. 6607543 Canada Inc., 2008 CanLII 35187

Guy Maurice

AGCO0 cases2006–2010

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 6, 2008

Liquor licence application for outdoor area approved on consent subject to noise condition.

The applicant applied for an additional outdoor licensed area for its premises, the Waltonian Inn.

A resident objected to the application, and a hearing was held.

Following the hearing, the parties reached an agreement and proposed a condition to be attached to the licence regarding noise from live or amplified music.

The Board approved the application subject to the agreed-upon condition and all statutory and municipal regulations.

Registrar, Alcohol and Gaming Commission Ontario v. 1456500 Ontario Limited, 2008 CanLII 35255

Liquor licence suspended for 21 days following admitted violations of failing to clear liquor and permitting disorderly conduct.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent.

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

The respondent admitted to failing to clear signs of liquor and permitting disorderly conduct after a patron grabbed an inspector.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, in addition to the interim suspension already served.

Registrar, Alcohol and Gaming Commission Ontario v. The Big Bop Corporation O/A The Big Bop, 2008 CanLII 35189

Joan Lougheed

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 5, 2008

Notice of Proposal to suspend liquor licence withdrawn on consent at commencement of hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Labbia Inc., operating as Ristorante Roma.

At the commencement of the hearing, the Registrar's representative requested that the Notice of Proposal be withdrawn on consent of the parties.

The Board accepted the withdrawal.

Registrar, Alcohol and Gaming Commission Ontario v. Labbia Inc. O/A Ristorante Roma, 2008 CanLII 35239

Richard Kulis

In Private Practice62 cases2007–2025

David Winer

Joan Lougheed

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 5, 2008

Liquor licence suspended for four days following admitted patio overcrowding violation.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence for overcrowding on its licensed patio.

The parties submitted an Agreed Statement of Facts admitting that 58 people were present on a patio licensed for 44 people, in violation of section 43 of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a four-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. Il Gatto Nero Inc., 2008 CanLII 35215

Eleanor Meslin

AGCO0 cases2007–2011

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 28, 2008

Liquor licence suspended for 12 days following a breach of the Liquor Licence Act regulations.

The Alcohol and Gaming Commission of Ontario issued an order suspending the liquor licence of Tinker's Billiards & Bar Inc. for 12 consecutive days.

The Board previously found the licensee breached subsection 45(1) of Ontario Revised Regulation 719/90 under the Liquor Licence Act.

The licensee proposed suspension dates which were accepted by the Board, with the suspension commencing on April 28, 2008.

Alcohol and Gaming Commission of Ontario v. Tinker's Billiards & Bar Inc., 2008 CanLII 16814

S. Grace Kerr

AGCOUnanimous0 cases2007–2017

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 25, 2008

Special Occasion Permit approved with conditions; Registrar's allegations of past liquor violations found uncorroborated.

The Applicant sought a Special Occasion Permit for its annual charity fundraiser, which the Registrar refused based on alleged violations at the previous year's event, including permitting drunkenness, removal of liquor, and insufficient security.

Following a hearing, the Board found the evidence of the AGCO inspector regarding the severity of the violations to be uncorroborated and inconsistent with the lack of enforcement action taken at the time.

The Board approved the permit subject to conditions agreed upon by the Applicant, including a specific end time, a maximum guest-to-staff ratio, and perimeter fencing, but declined to impose the Registrar's requested conditions of mandatory paid-duty police officers and the exclusion of motorcycles from the event area.

Registrar, Alcohol and Gaming Commission Ontario v. Lighthouse Cove & District Lions Club, 2008 CanLII 35226

Michael Lerner

15 cases2007–2023

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioApr 21, 2008

Liquor licensee found to have permitted drunkenness and breached conditions regarding door access and line-ups.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment, alleging violations of the Liquor Licence Act regulations and breaches of specific licence conditions.

The allegations included permitting drunkenness on the premises and failing to adhere to conditions restricting patron ingress/egress to the front doors and prohibiting line-ups in the adjacent alleyway.

The Board found that the evidence established breaches of the regulation regarding intoxicated patrons and clear violations of the licence conditions regarding door usage and line-ups.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 35216

S. Grace Kerr

AGCO0 cases2007–2017

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 9, 2008

Liquor licence suspended for 21 days following admissions of serving intoxicated patrons and a minor.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act and its regulations.

The parties submitted an Agreed Statement of Facts in which the licensee admitted to serving intoxicated patrons, permitting drunkenness, failing to check the identification of a minor, permitting a minor to consume liquor, and allowing patrons to remove liquor from the premises.

The Board accepted the joint submission on disposition and ordered a 21-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 1057488 Ontario Inc., 2008 CanLII 35251

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 8, 2008

Hearing file closed after licensee voluntarily surrendered its liquor licence.

The Registrar issued a Notice of Proposal and an interim suspension order regarding the licensee's liquor licence for alleged violations of the Liquor Licence Act.

After several days of hearing, the licensee voluntarily surrendered its licence, and the Registrar cancelled it.

The Notices of Proposal were withdrawn.

The Board cancelled the remaining hearing dates and ordered the hearing file closed.

Registrar, Alcohol and Gaming Commission Ontario v. 1694062 Ontario Inc., 2008 CanLII 35195

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioMar 25, 2008

Liquor licence application approved where objectors failed to attend the hearing.

The applicant applied for a liquor licence to operate a restaurant cafe.

Two letters of objection were filed, but neither objector attended the hearing despite receiving adequate notice.

The Registrar took no position and had no concerns regarding the applicant.

The Board approved the application subject to statutory conditions and municipal regulations.

Registrar, Alcohol and Gaming Commission Ontario v. 6768105 Canada Ltd., 2008 CanLII 16837

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioMar 17, 2008

Liquor licensee found to have permitted drunkenness and served intoxicated patrons; penalty submissions invited.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of the respondent establishment for alleged violations of the Liquor Licence Act and its regulations.

An AGCO inspector observed an intoxicated female patron on the patio and an intoxicated male patron inside the premises who was served alcohol and permitted to stand behind the service bar.

The Board found that the licensee breached section 29 of the Act by supplying liquor to an intoxicated person, and breached the regulations by permitting drunkenness on the premises and allowing a patron behind the bar.

Written submissions on penalty were invited.

Registrar, Alcohol and Gaming Commission Ontario v. 4050886 Canada Inc., 2008 CanLII 16843

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioFeb 28, 2008

Liquor licence approved with strict conditions on patio use to address neighbourhood noise concerns.

The applicant applied for a liquor licence for a proposed establishment, including an outdoor patio.

Local residents objected to the application, citing concerns about noise, disruption, and the over-concentration of licensed establishments in the neighbourhood.

The Alcohol and Gaming Commission of Ontario approved the application, finding no specific evidence to disallow the licence for this applicant.

However, to address the residents' concerns, the Board imposed several conditions on the licence, including restrictions on patio capacity, hours of alcohol service, and a prohibition on music on the patio.

Registrar, Alcohol and Gaming Commission Ontario v. Cock & Tail Inc. (The), 2008 CanLII 16833

Joyce Taylor

127 cases2006–2016

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2008

Liquor licence suspended for 18 days for operating a night club in violation of zoning by-law.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the respondent's liquor licence for operating a night club in violation of a municipal zoning by-law.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of section 50(a) of Ontario Revised Regulation 719/90.

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

Registrar, Alcohol and Gaming Commission Ontario v. 1660155 Ontario Inc. O/A Elbow Room, 2008 CanLII 16838

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2008

Liquor licence suspended for 18 days for permitting drunkenness on the premises.

Following a finding that the licensee breached the Liquor Licence Act by permitting drunkenness on its premises, the Board considered the appropriate sanction.

The Registrar sought a 21-day suspension, noting a prior suspension for a similar infraction.

The licensee argued for a 7-day suspension, citing the difficulty of assessing patron intoxication upon entry.

The Board ordered an 18-day suspension, emphasizing the licensee's prior record and its obligation to ensure patrons do not become drunk or remain on the premises once intoxicated.

Registrar, Alcohol and Gaming Commission Ontario v. Barrymore's Inc., 2008 CanLII 16824

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 14, 2008

Motion to lift interim suspension of liquor licence denied due to ongoing public safety concerns.

The Licensee brought a motion to lift an interim suspension of its liquor licence issued by the Registrar.

The Registrar had suspended the licence on the basis that the Licensee was not capable of effectively controlling activities in the licensed premises, creating a dangerous situation contrary to the public interest.

The Board denied the motion, finding that the Licensee's proposed manager lacked experience, security arrangements were incomplete, and continuing the interim suspension was necessary to protect the public interest.

Registrar, Alcohol and Gaming Commission Ontario v. 1694062 Ontario Inc., 2008 CanLII 6136

Richard Kulis

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 12, 2008

Pre-hearing order issued setting disclosure deadlines for a liquor licence suspension hearing.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of The Rooster.

The Chair ordered the licensee to disclose its witness list and evidence summaries to the Registrar by specified dates prior to the hearing, and ordered the Registrar to complete any further disclosure ten days before the hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1496860 Ontario Inc. operating as The Rooster, 2008 CanLII 6170

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

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMay 21, 2008

Liquor licence suspended for 10 days for permitting intoxicated patrons and breaching licence conditions.

The Alcohol and Gaming Commission of Ontario held a hearing regarding a Notice of Proposal to suspend the liquor licence of Jack's.

The Board previously found violations of the regulation prohibiting intoxicated patrons and breaches of licence conditions regarding entrances and line-ups.

In determining the sanction, the Board considered the licensee's unblemished record against the severity of the offences.

The Board ordered a 10-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 35217

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 16, 2008

Liquor licence condition regarding renovation timeline amended on consent.

The licensee requested an amendment to condition 7 of its liquor licence, which was previously approved by the Board.

On consent of the parties, the Board amended the condition to require that proposed renovations be completed within 9 months of the issuance of the liquor licence.

2088675 Ontario Inc. o/a Zu Bar, 2007 CanLII 67573

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 13, 2008

Liquor licence suspended for 14 days due to failure to monitor and supervise staff.

The Registrar of the Alcohol and Gaming Commission of Ontario sought an 18-day suspension of the licensee's liquor licence following findings of failure to monitor and supervise staff.

The licensee argued for an 11 to 12-day suspension, citing a competitor's 14-day suspension for overserving a minor.

The Board noted the principal's involvement in two establishments with poor discipline records and emphasized the need for general and specific deterrence.

The Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 4050886 Canada Inc., 2008 CanLII 35224

David C. Gavsie

AGCOUnanimous (Wrote the reasons)47 cases2006–2015

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioMay 12, 2008

Liquor licence application denied due to evidence of drug use on premises and failure to provide information.

The applicant applied for a liquor licence to operate a nightclub.

The tribunal concluded that the applicant was disentitled to a licence under paragraphs 6(2)(d) and (f) of the Act.

The application was denied.

Registrar, Alcohol and Gaming Commission Ontario v. 6607543 Canada Inc., 2008 CanLII 35187

Guy Maurice

AGCO0 cases2006–2010

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 6, 2008

Liquor licence application for outdoor area approved on consent subject to noise condition.

The applicant applied for an additional outdoor licensed area for its premises, the Waltonian Inn.

A resident objected to the application, and a hearing was held.

Following the hearing, the parties reached an agreement and proposed a condition to be attached to the licence regarding noise from live or amplified music.

The Board approved the application subject to the agreed-upon condition and all statutory and municipal regulations.

Registrar, Alcohol and Gaming Commission Ontario v. 1456500 Ontario Limited, 2008 CanLII 35255

Richard Kulis

In Private Practice28 cases2000–2026

Noel Gerry

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 6, 2008

Liquor licence suspended for 21 days following admitted violations of failing to clear liquor and permitting disorderly conduct.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the respondent.

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

The respondent admitted to failing to clear signs of liquor and permitting disorderly conduct after a patron grabbed an inspector.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence, in addition to the interim suspension already served.

Registrar, Alcohol and Gaming Commission Ontario v. The Big Bop Corporation O/A The Big Bop, 2008 CanLII 35189

Joan Lougheed

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 5, 2008

Notice of Proposal to suspend liquor licence withdrawn on consent at commencement of hearing.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Labbia Inc., operating as Ristorante Roma.

At the commencement of the hearing, the Registrar's representative requested that the Notice of Proposal be withdrawn on consent of the parties.

The Board accepted the withdrawal.

Registrar, Alcohol and Gaming Commission Ontario v. Labbia Inc. O/A Ristorante Roma, 2008 CanLII 35239

Richard Kulis

In Private Practice62 cases2007–2025

David Winer

Joan Lougheed

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMay 5, 2008

Liquor licence suspended for four days following admitted patio overcrowding violation.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence for overcrowding on its licensed patio.

The parties submitted an Agreed Statement of Facts admitting that 58 people were present on a patio licensed for 44 people, in violation of section 43 of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a four-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. Il Gatto Nero Inc., 2008 CanLII 35215

Eleanor Meslin

AGCO0 cases2007–2011

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 28, 2008

Liquor licence suspended for 12 days following a breach of the Liquor Licence Act regulations.

The Alcohol and Gaming Commission of Ontario issued an order suspending the liquor licence of Tinker's Billiards & Bar Inc. for 12 consecutive days.

The Board previously found the licensee breached subsection 45(1) of Ontario Revised Regulation 719/90 under the Liquor Licence Act.

The licensee proposed suspension dates which were accepted by the Board, with the suspension commencing on April 28, 2008.

Alcohol and Gaming Commission of Ontario v. Tinker's Billiards & Bar Inc., 2008 CanLII 16814

S. Grace Kerr

AGCOUnanimous0 cases2007–2017

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 25, 2008

Special Occasion Permit approved with conditions; Registrar's allegations of past liquor violations found uncorroborated.

Registrar, Alcohol and Gaming Commission Ontario v. Lighthouse Cove & District Lions Club, 2008 CanLII 35226

Michael Lerner

15 cases2007–2023

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioApr 21, 2008

Liquor licensee found to have permitted drunkenness and breached conditions regarding door access and line-ups.

The Board found that the evidence established breaches of the regulation regarding intoxicated patrons and clear violations of the licence conditions regarding door usage and line-ups.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission Ontario v. 2027980 Ontario Limited O/A Jack’s, 2008 CanLII 35216

S. Grace Kerr

AGCO0 cases2007–2017

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 9, 2008

Liquor licence suspended for 21 days following admissions of serving intoxicated patrons and a minor.

The Board accepted the joint submission on disposition and ordered a 21-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission Ontario v. 1057488 Ontario Inc., 2008 CanLII 35251

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 8, 2008

Hearing file closed after licensee voluntarily surrendered its liquor licence.

The Registrar issued a Notice of Proposal and an interim suspension order regarding the licensee's liquor licence for alleged violations of the Liquor Licence Act.

After several days of hearing, the licensee voluntarily surrendered its licence, and the Registrar cancelled it.

The Notices of Proposal were withdrawn.

The Board cancelled the remaining hearing dates and ordered the hearing file closed.

Registrar, Alcohol and Gaming Commission Ontario v. 1694062 Ontario Inc., 2008 CanLII 35195

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioMar 25, 2008

Liquor licence application approved where objectors failed to attend the hearing.

The applicant applied for a liquor licence to operate a restaurant cafe.

Two letters of objection were filed, but neither objector attended the hearing despite receiving adequate notice.

The Registrar took no position and had no concerns regarding the applicant.

The Board approved the application subject to statutory conditions and municipal regulations.

Registrar, Alcohol and Gaming Commission Ontario v. 6768105 Canada Ltd., 2008 CanLII 16837

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioMar 17, 2008

Liquor licensee found to have permitted drunkenness and served intoxicated patrons; penalty submissions invited.

An AGCO inspector observed an intoxicated female patron on the patio and an intoxicated male patron inside the premises who was served alcohol and permitted to stand behind the service bar.

Written submissions on penalty were invited.

Registrar, Alcohol and Gaming Commission Ontario v. 4050886 Canada Inc., 2008 CanLII 16843

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioFeb 28, 2008

Liquor licence approved with strict conditions on patio use to address neighbourhood noise concerns.

The applicant applied for a liquor licence for a proposed establishment, including an outdoor patio.

Local residents objected to the application, citing concerns about noise, disruption, and the over-concentration of licensed establishments in the neighbourhood.

The Alcohol and Gaming Commission of Ontario approved the application, finding no specific evidence to disallow the licence for this applicant.

Registrar, Alcohol and Gaming Commission Ontario v. Cock & Tail Inc. (The), 2008 CanLII 16833

Joyce Taylor

127 cases2006–2016

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2008

Liquor licence suspended for 18 days for operating a night club in violation of zoning by-law.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting the breach of section 50(a) of Ontario Revised Regulation 719/90.

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

Registrar, Alcohol and Gaming Commission Ontario v. 1660155 Ontario Inc. O/A Elbow Room, 2008 CanLII 16838

David C. Gavsie

Bruce Monteith

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2008

Liquor licence suspended for 18 days for permitting drunkenness on the premises.

Following a finding that the licensee breached the Liquor Licence Act by permitting drunkenness on its premises, the Board considered the appropriate sanction.

The Registrar sought a 21-day suspension, noting a prior suspension for a similar infraction.

The licensee argued for a 7-day suspension, citing the difficulty of assessing patron intoxication upon entry.

The Board ordered an 18-day suspension, emphasizing the licensee's prior record and its obligation to ensure patrons do not become drunk or remain on the premises once intoxicated.

Registrar, Alcohol and Gaming Commission Ontario v. Barrymore's Inc., 2008 CanLII 16824

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 14, 2008

Motion to lift interim suspension of liquor licence denied due to ongoing public safety concerns.

The Licensee brought a motion to lift an interim suspension of its liquor licence issued by the Registrar.

Registrar, Alcohol and Gaming Commission Ontario v. 1694062 Ontario Inc., 2008 CanLII 6136

Richard Kulis

David C. Gavsie