David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioSep 18, 2009

Motion to lift interim suspension of liquor delivery service licence denied in the public interest.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the licensee's liquor delivery service licence and an order to immediately suspend the licence on an interim basis.

Following the presentation of evidence at the hearing, the licensee brought a motion to lift the interim suspension order.

The Board denied the motion, finding that due to the seriousness of the allegations and their possible impact on the public, it was in the public interest to maintain the interim suspension until a final decision is rendered.

Registrar, Alcohol and Gaming Commission of Ontario v. Garry Charles Hirtle O/A Express Delivery (LDS), 2009 CanLII 55566

Eleanor Meslin

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioSep 1, 2009

Liquor licensee found to have permitted drunkenness on premises regarding one patron; penalty submissions requested.

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 permitting drunkenness on the premises, contrary to subsection 45(1) of O.Reg 719/90.

Following a hearing, the Board found that the licensee permitted drunkenness in respect of one patron who was observed by police to be highly intoxicated inside the premises.

The Board dismissed the allegation regarding a second patron, finding insufficient evidence of intoxication.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1186540 Ontario Inc., 2009 CanLII 55592

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioAug 27, 2009

Liquor sales licence application approved on consent subject to conditions regarding noise, security, and hours.

The applicant applied for a liquor sales licence for the indoor area of its premises.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

At the hearing, the objectors withdrew their objections after the parties agreed to a set of conditions.

The Alcohol and Gaming Commission of Ontario approved the application subject to statutory conditions, municipal regulations, and specific consent conditions regarding noise, security, and hours of service.

Registrar, Alcohol and Gaming Commission of Ontario v. Azores Cultural Community Centre (Canada), 2009 CanLII 55558

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioAug 6, 2009

Liquor licence suspended for 14 days for after-hours service and obstructing an inspector.

The Registrar sought a 20-day suspension of the Licensee's liquor licence for serving liquor after hours, failing to clear signs of service, and failing to facilitate an inspection.

The Licensee's manager and staff were found drinking after hours on two occasions, and the manager verbally abused and obstructed an inspector.

Acknowledging the establishment's long history of compliance and the Licensee's remorse as mitigating factors, the Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1053007 Ontario Inc., 2009 CanLII 55564

Resident objector granted party status on consent in liquor licence application hearing.

A resident objector, Misha Glouberman, requested party status in a hearing regarding a liquor licence application by A.C. Great Hall Management Inc. The Registrar and the Applicant consented to the request.

The Alcohol and Gaming Commission of Ontario granted the objector party status and ordered immediate disclosure of documents and witness lists by all parties.

A.C. Great Hall Management Inc. (Re), 2009 CanLII 47521

David C. Gavsie

AGCOUnanimous0 cases2009–2011

Bruce S. Miller

AGCOAlcohol and Gaming Commission of OntarioJul 16, 2009

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

The Registrar issued an interim suspension of the licensee's liquor licence in the interest of public safety based on alleged violations of the Liquor Licence Act regulations.

The licensee brought a motion to lift the interim suspension.

The Board found that due to the seriousness of the allegations and the possible impact on public safety, it was in the public interest to maintain the interim suspension until a final decision is rendered.

Registrar, Alcohol and Gaming Commission of Ontario v. Cranky Joe’s Roadhouse Too Inc., 2009 CanLII 47514

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioJul 7, 2009

Licensee found to have failed to clear signs of service and failed to facilitate an inspection.

The Registrar alleged that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service, serving a minor, permitting a minor to consume liquor, failing to check identification, and failing to facilitate an inspection.

The Board found that the licensee breached the regulation regarding clearing signs of service and the Act regarding failing to facilitate an inspection, as the manager's aggressive and intimidating behaviour forced the inspector to leave.

The allegations relating to the minor were dismissed because the minor used subterfuge to obtain alcohol without the knowledge of the staff.

Registrar, Alcohol and Gaming Commission of Ontario v. 1053007 Ontario Inc. O/A Endzone Bar and Grill, 2009 CanLII 47517

Guy Maurice

AGCOUnanimous0 cases2006–2010

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 23, 2009

Liquor delivery service licence denied due to applicant's recent criminal convictions and alcohol prohibition condition.

The applicant applied for a liquor delivery service licence.

The Registrar issued a Notice of Proposal to refuse the application based on the applicant's recent criminal convictions for fraud and domestic assault, which were related to alcohol and drug addictions.

The applicant was also subject to a probation condition prohibiting him from purchasing, possessing, or consuming alcohol.

The Board found that the applicant's recent criminal history and his probation conditions precluded him from operating a liquor delivery service.

The application was denied.

Registrar, Alcohol and Gaming Commission of Ontario v. Grant Martin McEneny, 2009 CanLII 47499

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJun 19, 2009

Liquor licence capacity increase granted subject to noise and security conditions despite past infractions.

The applicant, owner of Le Voyageur Inn, applied for an increase in licensed capacity for its indoor and outdoor areas.

The Registrar issued a Notice of Proposal to refuse the application based on objections from residents and alleged past violations of the Liquor Licence Act, including service to minors, service to intoxicated persons, and exceeding capacity limits.

At the hearing, the applicant demonstrated that significant investments had been made in the premises and that measures, such as installing security cameras and hiring additional staff for special events, had been implemented to prevent future infractions.

The Board found the applicant to be candid and sincere, noted strong community support, and approved the capacity increase subject to conditions regarding noise restrictions and security staffing.

Registrar, Alcohol and Gaming Commission of Ontario v. La Voyager Inc., 2009 CanLII 47531

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 16, 2009

Liquor licence suspended for two days following a finding of regulatory violations.

The Board previously found that the Licensee, Prime Restaurants of Canada Inc. operating as D'Arcy McGee's Irish Pub, breached subsection 45(1) of Ontario Regulation 719/90 and ordered a two-day suspension of its liquor licence.

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

The Board ordered the liquor licence suspended for two consecutive days commencing September 7, 2009.

Prime Restaurants of Canada Inc. (Re), 2009 CanLII 47515

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 1, 2009

Liquor licence suspended for two days for permitting drunkenness, reduced from proposed seven days due to clean record.

Following a finding that the licensee permitted drunkenness in its premises contrary to the Liquor Licence Act, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 7-day suspension, while the licensee argued for a warning, citing its 11-year unblemished record and the immediate actions taken by staff to cut off the patron.

The Board found that while the licensee's staff acted appropriately once the patron's condition was pointed out, the infraction still occurred.

Considering the licensee's exceptional prior record, the Board ordered a 2-day suspension of the liquor licence as a specific and general deterrent.

Registrar, Alcohol and Gaming Commission of Ontario v. Prime Restaurants of Canada Inc., 2009 CanLII 29728

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioMay 22, 2009

Board amended liquor licence condition to specify minimum security requirements on weekends.

The Licensee sought clarification regarding paragraphs 80(1) and 80(6) of the Board's November 3, 2008 order approving a liquor licence with conditions.

The Registrar opposed any amendment other than correcting typographical errors.

The Board amended paragraph 80(6) to specify that adequate security must be on duty at all times, with a minimum of three people on Thursday, Friday, and Saturday between 12:00 Noon and closing time.

Denis Edmond Broyere operating as Phatty Kats Bar & Grill, 2009 CanLII 29759

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMay 13, 2009

Board orders 10-day liquor licence suspension to commence on June 7, 2009.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

The licensee proposed suspension dates acceptable to the Board.

The Board ordered the 10-day suspension to commence on June 7, 2009.

516532 Ontario Limited (Jameson's Restaurant) (Re), 2009 CanLII 29741

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 8, 2009

Liquor licence suspended for one day following admitted regulatory breaches including possessing off-licence liquor.

The Registrar issued a Notice of Proposal to suspend the respondent's liquor licence for alleged violations of the regulations, including possessing off-licence liquor, failing to retain purchase receipts, and lacking SmartServe certification.

At the hearing, the respondent admitted to the breaches.

The tribunal considered the respondent's clean record, immediate rectification of the issues, and genuine remorse.

The tribunal ordered a one-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Abdul Mukit O/A House of India Restaurant, 2009 CanLII 29737

Eleanor Meslin

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 7, 2009

Liquor licence suspension dismissed; owner's medical conditions explained signs of alleged intoxication.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging the owner was intoxicated on the premises.

Police officers, who attended the premises to arrest the owner on unrelated criminal charges, testified he smelled of alcohol, had bloodshot eyes, and was unsteady.

The owner testified he had consumed only one beer, had worked 17 hours, and suffered from diabetes, a bad knee, and a bad shoulder.

The Board accepted the owner's medical explanations and found the police were focused on the criminal arrest rather than assessing intoxication.

The Board concluded the Registrar failed to prove intoxication on a balance of probabilities and declined to find a violation.

Registrar, Alcohol and Gaming Commission of Ontario v. 1057488 Ontario Inc., 2009 CanLII 29778

Dianne Axmith

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 4, 2009

Board orders 14-day liquor licence suspension to commence on July 12, 2009.

The Board previously found that the Licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90 and ordered a 14-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 14-day suspension to commence on July 12, 2009.

Shooters Sports Bar Inc., 2009 CanLII 29769

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2009

Liquor licence suspended for 10 days for permitting drunkenness and disorderly conduct.

Following a finding that the licensee permitted drunkenness and disorderly conduct in its establishment, the Board considered the appropriate sanction.

The intoxicated patron had assaulted a police officer and another patron.

The Board rejected the licensee's submission for a 5-day suspension, noting a prior suspension for a similar infraction and the lack of an effective monitoring system.

A 10-day suspension of the liquor licence was ordered.

Registrar, Alcohol and Gaming Commission of Ontario v. 516532 Ontario Limited, 2009 CanLII 29740

David C. Gavsie

AGCOUnanimous0 cases2006–2018

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2009

Liquor licence application approved subject to conditions regarding hours of service and noise mitigation.

The applicant applied for a liquor licence for its seafood restaurant.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

Following a hearing where the resident objectors were represented, the Board approved the liquor licence application subject to conditions, including a requirement that alcohol service cease by 11:00 p.m., a prohibition on live entertainment, and requirements for keeping the main door closed and posting signage asking patrons to respect the neighbourhood.

Registrar, Alcohol and Gaming Commission of Ontario v. Fu Jian Seafood Restaurant Inc., 2009 CanLII 29731

Dianne Axmith

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 14, 2009

Liquor licence suspended for 14 days for overcrowding and controlled substance violations.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a suspension of the licensee's liquor licence following findings that the licensee violated the regulations regarding overcrowding and the use of a controlled substance.

The Registrar requested an 18 to 21-day suspension, while the licensee argued for two concurrent five-day suspensions.

The Board noted the seriousness of the infractions, which occurred shortly after a police warning, but recognized that these were first-time offences for these specific matters.

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

Registrar, Alcohol and Gaming Commission of Ontario v. Shooters Sports Bar Inc., 2009 CanLII 29768

Joyce Taylor

127 cases2006–2016

David Winer

In Private Practice62 cases2007–2025

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 23, 2009

Liquor licence suspended for 14 days following admitted regulatory breaches including serving drunken patrons.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of The Loft Bar and Grill.

The parties submitted an Agreed Statement of Facts admitting that police and liquor inspectors found drunken patrons, uncleared signs of service after hours, and unauthorized liquor on the premises, in breach of Ontario Regulation 719/90.

The Board accepted the joint submission and ordered a 14-day suspension of the establishment's liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1737535 Ontario Inc. O/A The Loft Bar and Grill, 2009 CanLII 20296

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

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioSep 18, 2009

Motion to lift interim suspension of liquor delivery service licence denied in the public interest.

Following the presentation of evidence at the hearing, the licensee brought a motion to lift the interim suspension order.

Registrar, Alcohol and Gaming Commission of Ontario v. Garry Charles Hirtle O/A Express Delivery (LDS), 2009 CanLII 55566

Eleanor Meslin

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioSep 1, 2009

Liquor licensee found to have permitted drunkenness on premises regarding one patron; penalty submissions requested.

Following a hearing, the Board found that the licensee permitted drunkenness in respect of one patron who was observed by police to be highly intoxicated inside the premises.

The Board dismissed the allegation regarding a second patron, finding insufficient evidence of intoxication.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1186540 Ontario Inc., 2009 CanLII 55592

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioAug 27, 2009

Liquor sales licence application approved on consent subject to conditions regarding noise, security, and hours.

The applicant applied for a liquor sales licence for the indoor area of its premises.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

At the hearing, the objectors withdrew their objections after the parties agreed to a set of conditions.

Registrar, Alcohol and Gaming Commission of Ontario v. Azores Cultural Community Centre (Canada), 2009 CanLII 55558

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioAug 6, 2009

Liquor licence suspended for 14 days for after-hours service and obstructing an inspector.

The Registrar sought a 20-day suspension of the Licensee's liquor licence for serving liquor after hours, failing to clear signs of service, and failing to facilitate an inspection.

The Licensee's manager and staff were found drinking after hours on two occasions, and the manager verbally abused and obstructed an inspector.

Acknowledging the establishment's long history of compliance and the Licensee's remorse as mitigating factors, the Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1053007 Ontario Inc., 2009 CanLII 55564

Richard Kulis

189 cases2003–2018

Jerry Levitan

101 cases2001–2025

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJul 17, 2009

Resident objector granted party status on consent in liquor licence application hearing.

The Alcohol and Gaming Commission of Ontario granted the objector party status and ordered immediate disclosure of documents and witness lists by all parties.

A.C. Great Hall Management Inc. (Re), 2009 CanLII 47521

David C. Gavsie

AGCOUnanimous0 cases2009–2011

Bruce S. Miller

AGCOAlcohol and Gaming Commission of OntarioJul 16, 2009

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

The Registrar issued an interim suspension of the licensee's liquor licence in the interest of public safety based on alleged violations of the Liquor Licence Act regulations.

The licensee brought a motion to lift the interim suspension.

Registrar, Alcohol and Gaming Commission of Ontario v. Cranky Joe’s Roadhouse Too Inc., 2009 CanLII 47514

David C. Gavsie

Allan Higdon

AGCOAlcohol and Gaming Commission of OntarioJul 7, 2009

Licensee found to have failed to clear signs of service and failed to facilitate an inspection.

The allegations relating to the minor were dismissed because the minor used subterfuge to obtain alcohol without the knowledge of the staff.

Registrar, Alcohol and Gaming Commission of Ontario v. 1053007 Ontario Inc. O/A Endzone Bar and Grill, 2009 CanLII 47517

Guy Maurice

AGCOUnanimous0 cases2006–2010

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 23, 2009

Liquor delivery service licence denied due to applicant's recent criminal convictions and alcohol prohibition condition.

The applicant applied for a liquor delivery service licence.

The applicant was also subject to a probation condition prohibiting him from purchasing, possessing, or consuming alcohol.

The Board found that the applicant's recent criminal history and his probation conditions precluded him from operating a liquor delivery service.

The application was denied.

Registrar, Alcohol and Gaming Commission of Ontario v. Grant Martin McEneny, 2009 CanLII 47499

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJun 19, 2009

Liquor licence capacity increase granted subject to noise and security conditions despite past infractions.

The applicant, owner of Le Voyageur Inn, applied for an increase in licensed capacity for its indoor and outdoor areas.

The Board found the applicant to be candid and sincere, noted strong community support, and approved the capacity increase subject to conditions regarding noise restrictions and security staffing.

Registrar, Alcohol and Gaming Commission of Ontario v. La Voyager Inc., 2009 CanLII 47531

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 16, 2009

Liquor licence suspended for two days following a finding of regulatory violations.

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

The Board ordered the liquor licence suspended for two consecutive days commencing September 7, 2009.

Prime Restaurants of Canada Inc. (Re), 2009 CanLII 47515

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJun 1, 2009

Liquor licence suspended for two days for permitting drunkenness, reduced from proposed seven days due to clean record.

Following a finding that the licensee permitted drunkenness in its premises contrary to the Liquor Licence Act, the Board held a hearing to determine the appropriate sanction.

The Registrar sought a 7-day suspension, while the licensee argued for a warning, citing its 11-year unblemished record and the immediate actions taken by staff to cut off the patron.

The Board found that while the licensee's staff acted appropriately once the patron's condition was pointed out, the infraction still occurred.

Considering the licensee's exceptional prior record, the Board ordered a 2-day suspension of the liquor licence as a specific and general deterrent.

Registrar, Alcohol and Gaming Commission of Ontario v. Prime Restaurants of Canada Inc., 2009 CanLII 29728

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioMay 22, 2009

Board amended liquor licence condition to specify minimum security requirements on weekends.

The Licensee sought clarification regarding paragraphs 80(1) and 80(6) of the Board's November 3, 2008 order approving a liquor licence with conditions.

The Registrar opposed any amendment other than correcting typographical errors.

The Board amended paragraph 80(6) to specify that adequate security must be on duty at all times, with a minimum of three people on Thursday, Friday, and Saturday between 12:00 Noon and closing time.

Denis Edmond Broyere operating as Phatty Kats Bar & Grill, 2009 CanLII 29759

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMay 13, 2009

Board orders 10-day liquor licence suspension to commence on June 7, 2009.

The Board previously found that the licensee contravened subsection 45(1) of Ontario Regulation 719/90 and ordered a 10-day suspension of its liquor licence.

The licensee proposed suspension dates acceptable to the Board.

The Board ordered the 10-day suspension to commence on June 7, 2009.

516532 Ontario Limited (Jameson's Restaurant) (Re), 2009 CanLII 29741

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 8, 2009

Liquor licence suspended for one day following admitted regulatory breaches including possessing off-licence liquor.

At the hearing, the respondent admitted to the breaches.

The tribunal considered the respondent's clean record, immediate rectification of the issues, and genuine remorse.

The tribunal ordered a one-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Abdul Mukit O/A House of India Restaurant, 2009 CanLII 29737

Eleanor Meslin

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 7, 2009

Liquor licence suspension dismissed; owner's medical conditions explained signs of alleged intoxication.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence, alleging the owner was intoxicated on the premises.

Police officers, who attended the premises to arrest the owner on unrelated criminal charges, testified he smelled of alcohol, had bloodshot eyes, and was unsteady.

The owner testified he had consumed only one beer, had worked 17 hours, and suffered from diabetes, a bad knee, and a bad shoulder.

The Board accepted the owner's medical explanations and found the police were focused on the criminal arrest rather than assessing intoxication.

The Board concluded the Registrar failed to prove intoxication on a balance of probabilities and declined to find a violation.

Registrar, Alcohol and Gaming Commission of Ontario v. 1057488 Ontario Inc., 2009 CanLII 29778

Dianne Axmith

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMay 4, 2009

Board orders 14-day liquor licence suspension to commence on July 12, 2009.

The Board previously found that the Licensee breached section 43 and subsection 45(2) of Ontario Regulation 719/90 and ordered a 14-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 14-day suspension to commence on July 12, 2009.

Shooters Sports Bar Inc., 2009 CanLII 29769

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2009

Liquor licence suspended for 10 days for permitting drunkenness and disorderly conduct.

Following a finding that the licensee permitted drunkenness and disorderly conduct in its establishment, the Board considered the appropriate sanction.

The intoxicated patron had assaulted a police officer and another patron.

The Board rejected the licensee's submission for a 5-day suspension, noting a prior suspension for a similar infraction and the lack of an effective monitoring system.

A 10-day suspension of the liquor licence was ordered.

Registrar, Alcohol and Gaming Commission of Ontario v. 516532 Ontario Limited, 2009 CanLII 29740

David C. Gavsie

AGCOUnanimous0 cases2006–2018

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioApr 29, 2009

Liquor licence application approved subject to conditions regarding hours of service and noise mitigation.

The applicant applied for a liquor licence for its seafood restaurant.

The Registrar issued a Notice of Proposal to review the application after receiving written objections from local residents.

Registrar, Alcohol and Gaming Commission of Ontario v. Fu Jian Seafood Restaurant Inc., 2009 CanLII 29731

Dianne Axmith

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioApr 14, 2009

Liquor licence suspended for 14 days for overcrowding and controlled substance violations.

The Registrar requested an 18 to 21-day suspension, while the licensee argued for two concurrent five-day suspensions.

The Board noted the seriousness of the infractions, which occurred shortly after a police warning, but recognized that these were first-time offences for these specific matters.

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

Registrar, Alcohol and Gaming Commission of Ontario v. Shooters Sports Bar Inc., 2009 CanLII 29768

Joyce Taylor

127 cases2006–2016

David Winer

In Private Practice62 cases2007–2025

S. Grace Kerr

David C. Gavsie