David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 7, 2010

Adjournment of liquor licence revocation hearing granted on consent; interim suspension remains in effect.

The Licensee requested an adjournment of a hearing regarding a Notice of Proposal to revoke its liquor licence and an interim suspension order.

The Registrar consented to the adjournment on the condition that the interim suspension remain in effect.

The Board granted the adjournment and ordered that the interim suspension remain in place pending the commencement of the rescheduled hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. Adams Pizzeria (Prescott) Ltd., 2010 CanLII 36829

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 3, 2010

Jurisdictional motion adjourned pending outcome of Licensee's freedom of information appeals.

The Licensee raised a motion regarding the Board's jurisdiction to hear further evidence in a hearing to suspend its liquor licence.

The motion was adjourned pending the outcome of the Licensee's appeals with the Information and Privacy Commissioner of Ontario regarding freedom of information requests.

The Board ordered the parties to advise the Commissioner of the adjournment and request an estimated timeline for the appeals.

Restaurant Innovations Inc., 2010 CanLII 36830

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2010

Liquor licensee found to have contravened regulations by distributing marijuana to undercover police officers.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Shannon's Pub for allegedly permitting a controlled substance on the premises.

Undercover police officers testified that the sole owner of the pub offered and gave them cannabis marijuana while they were at the premises.

The owner did not dispute the evidence.

The Board found that the Licensee contravened subsection 45(2) of Ontario Regulation 719/90 and invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 2186175 Ontario Inc., 2010 CanLII 25991

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 19, 2010

Board orders 18-day liquor licence suspension to commence May 3, 2010.

The Board previously ordered an 18-day suspension of the Licensee's liquor licence for violations of the Liquor Licence Act regulations.

The Licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on May 3, 2010 and continue until May 21, 2010.

6217788 Canada Inc. (Section 222/Lotus Lounge), 2010 CanLII 25988

David C. Gavsie

AGCOUnanimous0 cases2009–2011

Bruce S. Miller

AGCOAlcohol and Gaming Commission of OntarioApr 12, 2010

Liquor licensee found to have permitted drunkenness after intoxicated patron fell outside premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for allegedly permitting drunkenness on its premises.

Police officers observed a patron leave the establishment, stumble, and fall face-first onto the roadway, exhibiting severe signs of intoxication.

The licensee argued the patron had a club foot and was not intoxicated while inside.

The Board preferred the evidence of the police officers, finding the patron was intoxicated and that the licensee knew or ought to have known of his condition given he had been drinking at the bar for several hours.

The Board found the licensee violated subsection 45(1) of Ontario Regulation 719/90.

Registrar, Alcohol and Gaming Commission of Ontario v. 1647874 Ontario Inc., 2010 CanLII 25952

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 9, 2010

Liquor licence application refused due to false statements and past criminal conduct.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to refuse a liquor licence application by Lukezic Group Ltd. The refusal was based on the applicant's failure to disclose outstanding criminal charges on the application form and concerns regarding the applicant's past conduct, including criminal convictions for harassment and assault.

The Board found that the applicant made a false statement on the application, which mandates refusal under section 6(2)(e) of the Liquor Licence Act.

The Board also found that the applicant's conduct afforded reasonable grounds to believe the business would not be carried on with integrity and honesty under section 6(2)(d).

The application was refused.

Registrar, Alcohol and Gaming Commission of Ontario v. Lukezic Group Ltd., 2010 CanLII 26007

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 8, 2010

Interim suspension of liquor licence maintained pending conclusion of revocation hearing.

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

Following a hearing to consider rescinding the interim suspension, the Board ordered that the interim suspension remain in effect pending the conclusion of the hearing, based on the seriousness of the allegations and in the public interest.

Registrar, Alcohol and Gaming Commission of Ontario v. 1122175 Ontario Limited, 2010 CanLII 25972

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 1, 2010

Liquor licence revoked after licensee permitted family member with drug conviction to manage premises.

The Registrar sought to revoke the licensee's liquor licence after the Board found the licensee contravened the Liquor Licence Act by permitting his brother to work and be in charge of the premises, despite knowing of his brother's prior conviction for possession of cocaine while working there.

The licensee failed to provide submissions on sanction.

Given the licensee's history of four previous suspensions and his abdication of responsibility, the Board found that a suspension or additional conditions would be ineffective.

The Board ordered the immediate revocation of the liquor licence for specific and general deterrence.

Registrar, Alcohol and Gaming Commission of Ontario v. Antonio Francis Passero O/A Penalty Box Restaurant, 2010 CanLII 25977

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 26, 2010

Board orders 18-day liquor licence suspension to commence on April 5, 2010.

Following a finding that the licensee contravened section 45.1 of O.Reg. 719/90, the Board previously ordered an 18-day suspension of its liquor licence and requested the licensee propose suspension dates.

The licensee proposed dates acceptable to the Board.

The Board ordered the 18-day suspension to commence on April 5, 2010, and continue until April 23, 2010.

In the Matter of 1677378 Ontario Inc. (Reign Lounge), 2010 CanLII 25983

Board amends previous decision on findings to clarify witness evidence and quarrelsome behaviour.

The Board issued an amended decision on findings regarding a Notice of Proposal to suspend the liquor licence of 1605511 Ontario Inc. operating as The Drink.

Pursuant to Rule 2.7 of the Revised Rules of Practice, the Board amended paragraphs 232, 233, and 310 of its previous decision to clarify the timing of a witness's will-say statement and the nature of the quarrelsome behaviour.

The Board also invited written submissions on penalty from the parties.

Registrar, Alcohol and Gaming Commission of Ontario v. 1605511 Ontario Inc., 2010 CanLII 25955

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMar 24, 2010

Board ordered an 18-day liquor licence suspension to commence on May 6, 2010, after the licensee failed to propose dates.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered an 18-day suspension of its liquor licence.

The licensee was requested to propose suspension dates but failed to do so despite several requests.

Consequently, the Board ordered the 18-day suspension to commence on May 6, 2010, and continue until May 24, 2010.

Registrar of Alcohol and Gaming v. Arena Entertainment Inc., 2010 CanLII 25947

Michael Lerner

15 cases2007–2023

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 22, 2010

Board orders scheduling of Licensee's jurisdictional motion in liquor licence suspension hearing.

The Board of the Alcohol and Gaming Commission of Ontario issued an order scheduling a motion on jurisdiction raised by the Licensee during a hearing regarding a Notice of Proposal to suspend its liquor licence.

The hearing had been adjourned sine die, and the Board ordered the motion to proceed on May 11-13, 2010, or alternatively, for the hearing to resume on those dates if the Licensee elected not to proceed with the motion.

Restaurant Innovations Inc. (Re), 2010 CanLII 25966

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMar 16, 2010

Liquor licence suspended for 18 days due to serious breaches and prior record.

Following a finding that the licensee breached sections 43 and 45.2 of Ontario Regulation 719/90, the Board considered written submissions on the appropriate sanction.

Noting the seriousness of the breaches, the licensee's lack of control over the premises, and a prior record of similar infractions, the Board ordered an 18-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 6217788 Canada Inc., 2010 CanLII 25990

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 11, 2010

Liquor licence application refused due to false statements regarding outstanding criminal charges and past conduct concerns.

The Registrar issued a Notice of Proposal to refuse a liquor licence application by the corporate applicant for a winery tied house.

The Registrar alleged the applicant's principal made false statements on the application by failing to disclose outstanding criminal charges, and that his past conduct, including recent criminal convictions for harassment and assault, raised public safety concerns.

The Board found that the applicant made a false statement on the application contrary to section 6(2)(e) of the Liquor Licence Act, which leaves the Board with no discretion but to refuse the licence.

The Board also found that the applicant's conduct afforded reasonable grounds to believe the business would not be carried on in accordance with the law and with integrity and honesty under section 6(2)(d).

The application for a liquor licence was refused.

Registrar, Alcohol and Gaming Commission of Ontario v. Lukezic Group Ltd., 2010 CanLII 26014

Joan Lougheed

AGCOUnanimous0 cases2008–2012

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 11, 2010

Board orders 18-day liquor licence suspension to commence April 5, 2010.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90, the Board ordered an 18-day suspension of its liquor licence.

The licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on April 5, 2010, and continue until April 23, 2010.

In the Matter of 4062906 Canada Inc. (Suite 34), 2010 CanLII 25997

Norman Boxall

4 cases2007–2010

Joyce Taylor

127 cases2006–2016

Ian Carter

40 cases2009–2021

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMar 10, 2010

Liquor licensee found to have permitted underage drinking and failed to inspect identification, but did not permit violent conduct.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The Drink for 14 days, alleging violations of the Liquor Licence Act and its regulations.

The allegations stemmed from incidents where underage patrons gained entry using false identification, consumed alcohol, and were involved in a violent altercation where a glass was thrown.

The Board found that the Licensee breached s. 30(4) of the Act by permitting minors to consume liquor, and s. 41(1) of the Regulation by failing to inspect identification before serving them.

However, the Board declined to find a violation of s. 45(1) regarding permitting violent conduct, as the altercation happened suddenly and staff responded appropriately by ejecting the patrons.

Registrar, Alcohol and Gaming Commission of Ontario v. 1605511 Ontario Inc. operating as The Drink, 2010 CanLII 25981 (ON AGC)

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 9, 2010

Liquor licence suspended for 18 days following failure to deter disorderly conduct and control exiting crowd.

Following a finding that the licensee contravened section 45.1 of O.Reg. 719/90 by failing to deter disorderly conduct and control a crowd of patrons exiting the establishment, the Board held a hearing on sanction.

The Registrar sought a 30-day suspension, while the licensee argued for a suspension of no more than seven days.

The Board considered the seriousness of the incident, which required 15 police officers to quell, the licensee's recent history of non-compliance, and the lack of evidence regarding remedial measures.

Balancing these factors with the dismissal of a second allegation, the Board ordered an 18-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1677378 Ontario Inc., 2010 CanLII 25982

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioFeb 25, 2010

Liquor licence suspended for 18 days after bouncers assaulted a patron and management covered it up.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted violent conduct on its premises, in violation of subsection 45(1) of Ontario Regulation 719/90.

The incident involved bouncers assaulting a patron and management attempting to cover it up.

Considering the severity of the incident, the cover-up, and the licensee's history of previous breaches, the Board ordered an 18-day suspension of the liquor licence as a matter of specific and general deterrence.

Registrar, Alcohol and Gaming Commission of Ontario v. Arena Entertainment Inc., 2010 CanLII 25944

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 4, 2010

Liquor licensee found to have contravened regulations by failing to deter disorderly conduct of exiting patrons.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment Reign Lounge, alleging violations of section 45.1 of O.Reg. 719/90 and subsection 14(1) of O.Reg. 58/00.

Following a hearing, the Board found that the Licensee contravened section 45.1 by failing to ensure reasonable measures were in place to deter disorderly conduct, after a large group of patrons exited the premises and engaged in a violent altercation on the street.

The Board dismissed the allegation under subsection 14(1) due to a lack of evidence.

Written submissions on penalty were invited.

Registrar, Alcohol and Gaming Commission of Ontario v. 1677378 Ontario Inc. operating as Reign Lounge, 2010 CanLII 9858

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 2, 2010

Liquor licence violation found where licensee permitted brother to traffic cocaine in the licensed premises.

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

The allegations stemmed from two police searches in 2004 and 2008, during which the Licensee's brother, who managed the premises in the evenings, was found in possession of cocaine packaged for sale.

The Board found that the Licensee knew or ought to have known about the drug trafficking activities, given his knowledge of the 2004 incident and his continued employment of his brother.

The Board concluded that the Licensee violated section 6(2)(d) of the Liquor Licence Act and subsection 45(2) of Ontario Regulation 719/90, and requested written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. Antonio Francis Passero O/A Penalty Box Restaurant, 2010 CanLII 9874

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

AGCOAlcohol and Gaming Commission of OntarioMay 7, 2010

Adjournment of liquor licence revocation hearing granted on consent; interim suspension remains in effect.

The Licensee requested an adjournment of a hearing regarding a Notice of Proposal to revoke its liquor licence and an interim suspension order.

The Registrar consented to the adjournment on the condition that the interim suspension remain in effect.

The Board granted the adjournment and ordered that the interim suspension remain in place pending the commencement of the rescheduled hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. Adams Pizzeria (Prescott) Ltd., 2010 CanLII 36829

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 3, 2010

Jurisdictional motion adjourned pending outcome of Licensee's freedom of information appeals.

The Licensee raised a motion regarding the Board's jurisdiction to hear further evidence in a hearing to suspend its liquor licence.

The motion was adjourned pending the outcome of the Licensee's appeals with the Information and Privacy Commissioner of Ontario regarding freedom of information requests.

The Board ordered the parties to advise the Commissioner of the adjournment and request an estimated timeline for the appeals.

Restaurant Innovations Inc., 2010 CanLII 36830

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2010

Liquor licensee found to have contravened regulations by distributing marijuana to undercover police officers.

Undercover police officers testified that the sole owner of the pub offered and gave them cannabis marijuana while they were at the premises.

The owner did not dispute the evidence.

The Board found that the Licensee contravened subsection 45(2) of Ontario Regulation 719/90 and invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 2186175 Ontario Inc., 2010 CanLII 25991

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 19, 2010

Board orders 18-day liquor licence suspension to commence May 3, 2010.

The Board previously ordered an 18-day suspension of the Licensee's liquor licence for violations of the Liquor Licence Act regulations.

The Licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on May 3, 2010 and continue until May 21, 2010.

6217788 Canada Inc. (Section 222/Lotus Lounge), 2010 CanLII 25988

David C. Gavsie

AGCOUnanimous0 cases2009–2011

Bruce S. Miller

AGCOAlcohol and Gaming Commission of OntarioApr 12, 2010

Liquor licensee found to have permitted drunkenness after intoxicated patron fell outside premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for allegedly permitting drunkenness on its premises.

Police officers observed a patron leave the establishment, stumble, and fall face-first onto the roadway, exhibiting severe signs of intoxication.

The licensee argued the patron had a club foot and was not intoxicated while inside.

The Board found the licensee violated subsection 45(1) of Ontario Regulation 719/90.

Registrar, Alcohol and Gaming Commission of Ontario v. 1647874 Ontario Inc., 2010 CanLII 25952

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 9, 2010

Liquor licence application refused due to false statements and past criminal conduct.

The Board found that the applicant made a false statement on the application, which mandates refusal under section 6(2)(e) of the Liquor Licence Act.

The Board also found that the applicant's conduct afforded reasonable grounds to believe the business would not be carried on with integrity and honesty under section 6(2)(d).

The application was refused.

Registrar, Alcohol and Gaming Commission of Ontario v. Lukezic Group Ltd., 2010 CanLII 26007

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 8, 2010

Interim suspension of liquor licence maintained pending conclusion of revocation hearing.

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

Registrar, Alcohol and Gaming Commission of Ontario v. 1122175 Ontario Limited, 2010 CanLII 25972

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 1, 2010

Liquor licence revoked after licensee permitted family member with drug conviction to manage premises.

The licensee failed to provide submissions on sanction.

Given the licensee's history of four previous suspensions and his abdication of responsibility, the Board found that a suspension or additional conditions would be ineffective.

The Board ordered the immediate revocation of the liquor licence for specific and general deterrence.

Registrar, Alcohol and Gaming Commission of Ontario v. Antonio Francis Passero O/A Penalty Box Restaurant, 2010 CanLII 25977

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 26, 2010

Board orders 18-day liquor licence suspension to commence on April 5, 2010.

The licensee proposed dates acceptable to the Board.

The Board ordered the 18-day suspension to commence on April 5, 2010, and continue until April 23, 2010.

In the Matter of 1677378 Ontario Inc. (Reign Lounge), 2010 CanLII 25983

Norman Boxall

4 cases2007–2010

Ian Carter

40 cases2009–2021

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMar 24, 2010

Board amends previous decision on findings to clarify witness evidence and quarrelsome behaviour.

The Board issued an amended decision on findings regarding a Notice of Proposal to suspend the liquor licence of 1605511 Ontario Inc. operating as The Drink.

The Board also invited written submissions on penalty from the parties.

Registrar, Alcohol and Gaming Commission of Ontario v. 1605511 Ontario Inc., 2010 CanLII 25955

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMar 24, 2010

Board ordered an 18-day liquor licence suspension to commence on May 6, 2010, after the licensee failed to propose dates.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered an 18-day suspension of its liquor licence.

The licensee was requested to propose suspension dates but failed to do so despite several requests.

Consequently, the Board ordered the 18-day suspension to commence on May 6, 2010, and continue until May 24, 2010.

Registrar of Alcohol and Gaming v. Arena Entertainment Inc., 2010 CanLII 25947

Michael Lerner

15 cases2007–2023

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 22, 2010

Board orders scheduling of Licensee's jurisdictional motion in liquor licence suspension hearing.

Restaurant Innovations Inc. (Re), 2010 CanLII 25966

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMar 16, 2010

Liquor licence suspended for 18 days due to serious breaches and prior record.

Following a finding that the licensee breached sections 43 and 45.2 of Ontario Regulation 719/90, the Board considered written submissions on the appropriate sanction.

Noting the seriousness of the breaches, the licensee's lack of control over the premises, and a prior record of similar infractions, the Board ordered an 18-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 6217788 Canada Inc., 2010 CanLII 25990

Patricia McQuaid

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 11, 2010

Liquor licence application refused due to false statements regarding outstanding criminal charges and past conduct concerns.

The Registrar issued a Notice of Proposal to refuse a liquor licence application by the corporate applicant for a winery tied house.

The application for a liquor licence was refused.

Registrar, Alcohol and Gaming Commission of Ontario v. Lukezic Group Ltd., 2010 CanLII 26014

Joan Lougheed

AGCOUnanimous0 cases2008–2012

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 11, 2010

Board orders 18-day liquor licence suspension to commence April 5, 2010.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90, the Board ordered an 18-day suspension of its liquor licence.

The licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on April 5, 2010, and continue until April 23, 2010.

In the Matter of 4062906 Canada Inc. (Suite 34), 2010 CanLII 25997

Norman Boxall

4 cases2007–2010

Joyce Taylor

127 cases2006–2016

Ian Carter

40 cases2009–2021

David C. Gavsie

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioMar 10, 2010

Liquor licensee found to have permitted underage drinking and failed to inspect identification, but did not permit violent conduct.

The allegations stemmed from incidents where underage patrons gained entry using false identification, consumed alcohol, and were involved in a violent altercation where a glass was thrown.

The Board found that the Licensee breached s. 30(4) of the Act by permitting minors to consume liquor, and s. 41(1) of the Regulation by failing to inspect identification before serving them.

However, the Board declined to find a violation of s. 45(1) regarding permitting violent conduct, as the altercation happened suddenly and staff responded appropriately by ejecting the patrons.

Registrar, Alcohol and Gaming Commission of Ontario v. 1605511 Ontario Inc. operating as The Drink, 2010 CanLII 25981 (ON AGC)

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 9, 2010

Liquor licence suspended for 18 days following failure to deter disorderly conduct and control exiting crowd.

The Registrar sought a 30-day suspension, while the licensee argued for a suspension of no more than seven days.

Balancing these factors with the dismissal of a second allegation, the Board ordered an 18-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1677378 Ontario Inc., 2010 CanLII 25982

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioFeb 25, 2010

Liquor licence suspended for 18 days after bouncers assaulted a patron and management covered it up.

The incident involved bouncers assaulting a patron and management attempting to cover it up.

Registrar, Alcohol and Gaming Commission of Ontario v. Arena Entertainment Inc., 2010 CanLII 25944

Jacqueline Castel

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 4, 2010

Liquor licensee found to have contravened regulations by failing to deter disorderly conduct of exiting patrons.

The Board dismissed the allegation under subsection 14(1) due to a lack of evidence.

Written submissions on penalty were invited.

Registrar, Alcohol and Gaming Commission of Ontario v. 1677378 Ontario Inc. operating as Reign Lounge, 2010 CanLII 9858

Kirsti Hunt

David C. Gavsie