David C. Gavsie

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 23, 2009

Licensee found to have permitted drunkenness 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 D'Arcy McGee's Irish Pub for allegedly permitting drunkenness in the premises, contrary to subsection 45(1) of Ontario Regulation 719/90 and section 29 of the Liquor Licence Act.

An inspector observed two patrons exhibiting signs of intoxication.

The tribunal found that the male patron was intoxicated based on the inspector's credible observations of slurred speech, swaying, and glossy red eyes, and that the licensee permitted drunkenness by failing to cut him off until prompted by the inspector.

However, the tribunal found insufficient evidence to conclude that the female patron was intoxicated.

The tribunal found a violation regarding the male patron and invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. Prime Restaurants of Canada Inc., 2009 CanLII 20247

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 17, 2009

Liquor licence suspended for 14 days following findings of regulatory violations.

The Board previously found that the licensee breached sections of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a 14-day suspension of its liquor licence.

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

The Board ordered the 14-day suspension to commence on May 10, 2009, and continue until May 24, 2009.

Registrar of Alcohol and Gaming v. 1170651 Ontario Inc., 2009 CanLII 20275

Liquor licence suspended for 35 days after licensee admitted to serving intoxicated patrons.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the respondent's liquor licence for alleged violations of the Liquor Licence Act, including serving intoxicated patrons.

The parties submitted an Agreed Statement of Facts acknowledging that the licensee served alcohol to patrons who were subsequently involved in a fatal motor vehicle accident, and on a separate occasion, served intoxicated patrons.

The Board accepted the joint submission and ordered a 35-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1499444 Ontario Ltd., 2009 CanLII 20266

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 13, 2009

Board orders 12-day liquor licence suspension to commence May 31, 2009.

The Board previously found that the Licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 12-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 12-day suspension to commence on May 31, 2009, and continue until June 12, 2009.

Dupin Holding Company Limited, 2009 CanLII 20250

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 9, 2009

Interim suspension of liquor licence maintained pending adjourned hearing on consent.

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

The respondent requested an adjournment, which the Registrar consented to on the condition that the interim suspension remain in effect.

The Board ordered the interim suspension to remain in place until the matter is heard by a panel.

Registrar of the Alcohol and Gaming Commission of Ontario v. Ian Michael Speare, 2009 CanLII 20285

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Licensee found to have permitted drunkenness after intoxicated patron assaulted police officer and another patron.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Jameson's Restaurant for allegedly permitting drunkenness, contrary to s. 45(1) of O. Reg. 719/90.

A patron, who had consumed alcohol and cold medication, assaulted a police officer and another patron inside the establishment.

The Board found the police officer's evidence credible and concluded the patron exhibited strong signs of intoxication.

As staff took no action to prevent the incidents and allowed the patron to remain on the premises, the Board found the Licensee permitted drunkenness and contravened the regulation.

Registrar, Alcohol and Gaming Commission of Ontario v. 516532 Ontario Limited O/A Jameson’s Restaurant, 2009 CanLII 20260

Phillip Morris

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Board ordered mutual disclosure 10 days prior to 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 Crabby Joe's Tap & Grill.

The Board ordered both the Licensee and the Registrar's Representative to complete mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the scheduled hearing date.

1456161 Ontario Inc. (Crabby Joe's Tap & Grill), 2009 CanLII 20246

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Board ordered mutual disclosure deadlines following a pre-hearing teleconference regarding a liquor licence suspension.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Central Bar & Grill.

The Board ordered the Licensee and the Registrar's Representative to exchange witness lists, evidence summaries, and further disclosure ten days prior to the scheduled hearing date.

Central Bar & Grill Ltd., 2009 CanLII 20244

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 4, 2009

Liquor licence suspended for 14 days for failing to clear signs of service after hours.

Following findings that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service by 2:45 a.m., a hearing was held to determine the appropriate sanction.

The licensee argued there was no intent to breach the law and cited ignorance of the regulation.

The Board rejected this argument, noting licensees are presumed to know the law.

To serve as a general and specific deterrent, the Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1170651 Ontario Inc., 2009 CanLII 20274

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2009

Liquor licence suspended for 12 days for permitting drunkenness and serving intoxicated patrons.

The Alcohol and Gaming Commission of Ontario held a hearing to determine the appropriate sanction for a licensee found to have permitted drunkenness and served intoxicated patrons, contrary to the Liquor Licence Act.

The Registrar sought a 10-12 day suspension, citing the licensee's failure to fulfill responsibilities, lack of remorse, and a recent prior infraction.

The licensee requested a warning or a 1-2 day suspension, arguing the incident was isolated.

The Board ordered a 12-day suspension, emphasizing the seriousness of the offences, the licensee's abdication of responsibility by leaving inexperienced staff in charge, and the need for both specific and general deterrence.

Registrar, Alcohol and Gaming Commission Ontario v. Dupin Holding Company Limited, 2009 CanLII 20249

Dianne Axmith

AGCOUnanimous0 cases2006–2009

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 26, 2009

Liquor licence violations found for overcrowding and permitting marijuana consumption; drunkenness allegation dismissed.

The Registrar issued a Notice of Proposal to suspend the Licensee's liquor licence for alleged violations of the Liquor Licence Act regulations, specifically overcrowding, permitting drunkenness, and permitting the consumption of a controlled substance.

Following a hearing, the Board found that the Licensee violated section 43 by exceeding the permitted capacity, relying on police exit counts.

The Board also found a violation of subsection 45(2) based on credible police testimony that a patron was openly smoking marijuana on the patio and the Licensee failed to take adequate preventative measures.

The allegation of permitting drunkenness under subsection 45(1) was dismissed due to insufficient identification and investigation of the allegedly intoxicated patrons.

Registrar, Alcohol and Gaming Commission of Ontario v. Shooters Sports Bar Inc., 2009 CanLII 20291

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 3, 2009

Liquor licensee found to have violated the Liquor Licence Act by serving an intoxicated patron.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the Licensee's liquor licence for allegedly serving an intoxicated patron and permitting drunkenness on the premises.

AGCO inspectors observed a patron exhibiting clear signs of intoxication being served beer by an inexperienced bartender.

The Board found the inspectors' evidence credible and rejected the Licensee's explanations that the patron's symptoms were due to diabetes or physical obstacles.

The Board concluded that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and requested written submissions on penalty.

Registrar, Alcohol and Gaming Commission Ontario v. Dupin Holding Company Limited, 2009 CanLII 20248

Joyce A. Taylor

Practising Law - Employed17 cases2004–2015

Ainslie Dunstone

2 cases2008–2009

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 2, 2009

Liquor licence suspended for 12 days following noise disturbances and licensee intoxication on premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the respondent's liquor licence due to noise disturbances and the licensee being intoxicated on the premises.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached sections 45(1) and 46 of O. Reg. 719/90.

The Board ordered a 12-day suspension of the liquor licence and added conditions prohibiting temporary extensions and requiring industrial waste containers for garbage.

Registrar, Alcohol and Gaming Commission of Ontario v. 2128290 Ontario Inc., 2009 CanLII 20258

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJan 28, 2009

Liquor licence suspended for 92 days with strict conditions following severe overcrowding and underage drinking.

The Registrar sought to revoke the liquor licence of Remedy Nightclub following findings that the licensee permitted overcrowding, drunkenness, and minors to consume alcohol.

The licensee admitted to overcrowding but disputed the extent, and proposed a plan to prevent future occurrences.

The Board declined to revoke the licence, instead ordering a 92-day suspension and imposing strict conditions, including a ban on patrons under 19 and mandatory mechanical capacity counting.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc. O/A Remedy Nightclub, 2009 CanLII 4473

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJan 26, 2009

Liquor licence violations for serving after hours, failing to clear, and permitting drunkenness established.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Mingal's Restaurant & Bar for alleged violations of the Liquor Licence Act regulations, including failing to clear signs of service by 2:45 a.m., serving liquor after 2:00 a.m., and permitting drunkenness.

Following a hearing, the Board found that the evidence of the AGCO inspectors was credible and established that all three violations occurred.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1170651 Ontario Inc. O/A Mingal’s Restaurant & Bar, 2009 CanLII 4461

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJan 8, 2009

Liquor licence suspended for 12 days for exceeding licensed capacity.

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 regulations, specifically overcrowding.

Based on an Agreed Statement of Facts, the Board found that the respondent breached section 43 of Ontario Regulation 719/90 by exceeding the capacity of the licensed premises.

The Board accepted a Joint Submission on Disposition and ordered a 12-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Seawall Lounge Inc., 2009 CanLII 4479

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJan 7, 2009

Liquor licence violations found for severe overcrowding, underage drinking, and permitting disorderly conduct at nightclub.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and suspended it on an interim basis.

Following a multi-day hearing, the Board found that the Licensee committed severe violations of the Liquor Licence Act and its regulations.

Specifically, the Licensee permitted extreme overcrowding, with over 1,400 patrons in a venue licensed for 592, creating a severe public safety hazard.

The Board also found that the Licensee permitted underage drinking and allowed drunkenness and disorderly conduct on the premises.

The interim suspension was continued pending a final decision on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc. O/A Remedy Nightclub, 2009 CanLII 4474

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioDec 31, 2008

Liquor licence violations found for gross overcrowding, underage drinking, and permitting disorderly conduct at a nightclub.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and an Order to immediately suspend it on an interim basis.

The allegations included permitting minors to consume alcohol, gross overcrowding, and permitting drunkenness and disorderly conduct.

Following a multi-agency task force inspection on Halloween night, officials found the nightclub operating at nearly two and a half times its permitted capacity, creating a severe public safety hazard that required police and fire officials to evacuate the premises.

The Board found that the Licensee violated the Liquor Licence Act and its regulations, and concluded that the Licensee's conduct afforded reasonable grounds for belief that the business would not be carried on in accordance with the law and with integrity and honesty.

The interim suspension was continued pending a final decision on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc., 2008 CanLII 91887

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioDec 18, 2008

Liquor licence suspension proposal dismissed; licensee's unwanted touch of by-law inspector was not disorderly conduct.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for 25 days, alleging the licensee permitted violent or disorderly conduct on the premises.

The allegation stemmed from an incident where the licensee's principal touched a municipal by-law inspector on the arm during an inspection.

The Board found that the physical contact, while unwanted, was a non-violent parting gesture between individuals who knew each other from playing baseball together.

The Board concluded the behaviour did not constitute violent or disorderly conduct under subsection 45(1) of Ontario Regulation 719/90 and declined to make a finding against the licensee.

Registrar, Alcohol and Gaming Commission of Ontario v. 1298438 Ontario Inc., 2008 CanLII 91888

Phillip Morris

David C. Gavsie

AGCOUnanimous0 cases2006–2018

Alex McCauley

AGCOAlcohol and Gaming Commission of OntarioDec 11, 2008

Board accepts settlement amending liquor licence conditions regarding underage persons.

The Licensee applied to remove conditions from its liquor licence.

The Registrar issued a Notice of Proposal to refuse the removal.

At the hearing, the parties presented Minutes of Settlement.

The Board accepted the settlement, under which the Licensee withdrew its request to remove certain conditions, one condition was removed, and another condition regarding the presence of persons under 19 years of age was amended.

Registrar, Alcohol and Gaming Commission of Ontario v. 2133048 Ontario Ltd., 2008 CanLII 91891

assisting the Applicant

Josh SidworthCounsel
1 appearance

Chair, Pembroke Police Services Board

Mike LemayAgent
1 appearance

Counsel, City of Pembroke

David MigicovskyCounsel
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Counsel for the Appellant

Glen S. DonaldCounsel
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1 appearance

Counsel for The City of Kawartha Lakes Police Service

Glenn P. ChristieCounsel
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Counsel for the Greater Sudbury Police Service

David MigicovskyCounsel
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Counsel for the Respondent

Bruce K. BrownCounsel
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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

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for Chief Gauthier

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3 appearances

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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
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2 appearances
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
Allan O’BrienCounsel
1 appearance
Brian LawsonCounsel
1 appearance

for the Appellant, Constable Craig Markham

Pamela MachadoCounsel
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for the Appellant, Constable Craig Wiles

William R. MacKenzieCounsel
1 appearance

for the Applicant

Ainslie DunstoneAgent
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Ori OvicsAgent
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Scot CrawfordSelf-represented
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Ed GreshemAgent
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Carole GrecoSelf-represented
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Mark TileyAgent
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Susan PlainSelf-represented
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Andy WongAgent
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Maria Divina Gracia BautistaAgent
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Randall BarrsAgent
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for the Applicant 2157600 Ontario Ltd.

Sara J. PremiAgent
1 appearance

for the Applicants

Joshua PhillipsCounsel
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Adam WebbeCounsel
1 appearance

for the City of Burlington

Kelly YerxaAgent
1 appearance

for the City of Dryden

Craig NuttallAgent
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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
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Adam VassosCounsel
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for the Corporation of the Town of Perth

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for the Dryden Police Service

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for the Dryden Police Services Board

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Bill ClancyCounsel
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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
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1 appearance
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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
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Randall BarrsCounsel
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Paul LewandowskiAgent
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Michele KhitabAgent
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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

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Sharon WilmotCounsel
1 appearance

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Lorenzo D. PolicelliCounsel
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Linda ThompsonAgent
1 appearance

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Barrie ChercoverCounsel
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Barry CardAgent
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Liz StewartAgent
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Semih BilbasSelf-represented
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for the Registrar

Joyce TaylorAgent
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Phillip MorrisAgent
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Phillip MorrisCounsel
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22 appearances
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Joyce TaylorCounsel
19 appearances
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9 appearances
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2 appearances
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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
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2 appearances
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Sandra LucasAgent
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1 appearance

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1 appearance

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Idella LazarSelf-represented
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Lynda BordeleauCounsel
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Mark WallaceCounsel
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Joyce TamCounsel
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1 appearance

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Crystal O'DonnellCounsel
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Christiane HuneaultCounsel
1 appearance

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Ian JohnstoneCounsel
1 appearance

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Jennifer GunningCounsel
1 appearance

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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
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1 appearance

for the Responding Party, Sgt. Mulligan

Michelle Hamilton MayersCounsel
1 appearance

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Jodie-Lynn WaddiloveCounsel
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1 appearance

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Sie-Wing KhowCounsel
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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

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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

Kirsti Hunt

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 23, 2009

Licensee found to have permitted drunkenness regarding one patron; penalty submissions requested.

An inspector observed two patrons exhibiting signs of intoxication.

However, the tribunal found insufficient evidence to conclude that the female patron was intoxicated.

The tribunal found a violation regarding the male patron and invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. Prime Restaurants of Canada Inc., 2009 CanLII 20247

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 17, 2009

Liquor licence suspended for 14 days following findings of regulatory violations.

The Board previously found that the licensee breached sections of Ontario Regulation 719/90 under the Liquor Licence Act and ordered a 14-day suspension of its liquor licence.

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

The Board ordered the 14-day suspension to commence on May 10, 2009, and continue until May 24, 2009.

Registrar of Alcohol and Gaming v. 1170651 Ontario Inc., 2009 CanLII 20275

Marie-Eve Couture

Not Practising Law1 case2009–2009

Joyce Taylor

127 cases2006–2016

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 13, 2009

Liquor licence suspended for 35 days after licensee admitted to serving intoxicated patrons.

The Board accepted the joint submission and ordered a 35-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1499444 Ontario Ltd., 2009 CanLII 20266

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 13, 2009

Board orders 12-day liquor licence suspension to commence May 31, 2009.

The Board previously found that the Licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 12-day suspension of its liquor licence.

The Licensee proposed acceptable suspension dates.

The Board ordered the 12-day suspension to commence on May 31, 2009, and continue until June 12, 2009.

Dupin Holding Company Limited, 2009 CanLII 20250

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 9, 2009

Interim suspension of liquor licence maintained pending adjourned hearing on consent.

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

The respondent requested an adjournment, which the Registrar consented to on the condition that the interim suspension remain in effect.

The Board ordered the interim suspension to remain in place until the matter is heard by a panel.

Registrar of the Alcohol and Gaming Commission of Ontario v. Ian Michael Speare, 2009 CanLII 20285

David C. Gavsie

Beryl Ford

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Licensee found to have permitted drunkenness after intoxicated patron assaulted police officer and another patron.

The Registrar issued a Notice of Proposal to suspend the liquor licence of Jameson's Restaurant for allegedly permitting drunkenness, contrary to s. 45(1) of O. Reg. 719/90.

A patron, who had consumed alcohol and cold medication, assaulted a police officer and another patron inside the establishment.

The Board found the police officer's evidence credible and concluded the patron exhibited strong signs of intoxication.

As staff took no action to prevent the incidents and allowed the patron to remain on the premises, the Board found the Licensee permitted drunkenness and contravened the regulation.

Registrar, Alcohol and Gaming Commission of Ontario v. 516532 Ontario Limited O/A Jameson’s Restaurant, 2009 CanLII 20260

Phillip Morris

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Board ordered mutual disclosure 10 days prior to 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 Crabby Joe's Tap & Grill.

1456161 Ontario Inc. (Crabby Joe's Tap & Grill), 2009 CanLII 20246

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 6, 2009

Board ordered mutual disclosure deadlines following a pre-hearing teleconference regarding a liquor licence suspension.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Central Bar & Grill.

The Board ordered the Licensee and the Registrar's Representative to exchange witness lists, evidence summaries, and further disclosure ten days prior to the scheduled hearing date.

Central Bar & Grill Ltd., 2009 CanLII 20244

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioMar 4, 2009

Liquor licence suspended for 14 days for failing to clear signs of service after hours.

Following findings that the licensee violated the Liquor Licence Act and regulations by failing to clear signs of service by 2:45 a.m., a hearing was held to determine the appropriate sanction.

The licensee argued there was no intent to breach the law and cited ignorance of the regulation.

The Board rejected this argument, noting licensees are presumed to know the law.

To serve as a general and specific deterrent, the Board ordered a 14-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1170651 Ontario Inc., 2009 CanLII 20274

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 27, 2009

Liquor licence suspended for 12 days for permitting drunkenness and serving intoxicated patrons.

The Registrar sought a 10-12 day suspension, citing the licensee's failure to fulfill responsibilities, lack of remorse, and a recent prior infraction.

The licensee requested a warning or a 1-2 day suspension, arguing the incident was isolated.

Registrar, Alcohol and Gaming Commission Ontario v. Dupin Holding Company Limited, 2009 CanLII 20249

Dianne Axmith

AGCOUnanimous0 cases2006–2009

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 26, 2009

Liquor licence violations found for overcrowding and permitting marijuana consumption; drunkenness allegation dismissed.

Following a hearing, the Board found that the Licensee violated section 43 by exceeding the permitted capacity, relying on police exit counts.

The allegation of permitting drunkenness under subsection 45(1) was dismissed due to insufficient identification and investigation of the allegedly intoxicated patrons.

Registrar, Alcohol and Gaming Commission of Ontario v. Shooters Sports Bar Inc., 2009 CanLII 20291

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 3, 2009

Liquor licensee found to have violated the Liquor Licence Act by serving an intoxicated patron.

AGCO inspectors observed a patron exhibiting clear signs of intoxication being served beer by an inexperienced bartender.

The Board found the inspectors' evidence credible and rejected the Licensee's explanations that the patron's symptoms were due to diabetes or physical obstacles.

The Board concluded that the Licensee violated section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and requested written submissions on penalty.

Registrar, Alcohol and Gaming Commission Ontario v. Dupin Holding Company Limited, 2009 CanLII 20248

Joyce A. Taylor

Practising Law - Employed17 cases2004–2015

Ainslie Dunstone

2 cases2008–2009

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioFeb 2, 2009

Liquor licence suspended for 12 days following noise disturbances and licensee intoxication on premises.

Following an Agreed Statement of Facts and a Joint Submission on Disposition, the Board found the licensee breached sections 45(1) and 46 of O. Reg. 719/90.

The Board ordered a 12-day suspension of the liquor licence and added conditions prohibiting temporary extensions and requiring industrial waste containers for garbage.

Registrar, Alcohol and Gaming Commission of Ontario v. 2128290 Ontario Inc., 2009 CanLII 20258

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJan 28, 2009

Liquor licence suspended for 92 days with strict conditions following severe overcrowding and underage drinking.

The Registrar sought to revoke the liquor licence of Remedy Nightclub following findings that the licensee permitted overcrowding, drunkenness, and minors to consume alcohol.

The licensee admitted to overcrowding but disputed the extent, and proposed a plan to prevent future occurrences.

The Board declined to revoke the licence, instead ordering a 92-day suspension and imposing strict conditions, including a ban on patrons under 19 and mandatory mechanical capacity counting.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc. O/A Remedy Nightclub, 2009 CanLII 4473

Guy Maurice

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJan 26, 2009

Liquor licence violations for serving after hours, failing to clear, and permitting drunkenness established.

Following a hearing, the Board found that the evidence of the AGCO inspectors was credible and established that all three violations occurred.

The Board invited written submissions on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1170651 Ontario Inc. O/A Mingal’s Restaurant & Bar, 2009 CanLII 4461

Joan Lougheed

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioJan 8, 2009

Liquor licence suspended for 12 days for exceeding licensed capacity.

Based on an Agreed Statement of Facts, the Board found that the respondent breached section 43 of Ontario Regulation 719/90 by exceeding the capacity of the licensed premises.

The Board accepted a Joint Submission on Disposition and ordered a 12-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Seawall Lounge Inc., 2009 CanLII 4479

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioJan 7, 2009

Liquor licence violations found for severe overcrowding, underage drinking, and permitting disorderly conduct at nightclub.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and suspended it on an interim basis.

Following a multi-day hearing, the Board found that the Licensee committed severe violations of the Liquor Licence Act and its regulations.

Specifically, the Licensee permitted extreme overcrowding, with over 1,400 patrons in a venue licensed for 592, creating a severe public safety hazard.

The Board also found that the Licensee permitted underage drinking and allowed drunkenness and disorderly conduct on the premises.

The interim suspension was continued pending a final decision on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc. O/A Remedy Nightclub, 2009 CanLII 4474

David C. Gavsie

Brian J. Ford

AGCOAlcohol and Gaming Commission of OntarioDec 31, 2008

Liquor licence violations found for gross overcrowding, underage drinking, and permitting disorderly conduct at a nightclub.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Remedy Nightclub and an Order to immediately suspend it on an interim basis.

The allegations included permitting minors to consume alcohol, gross overcrowding, and permitting drunkenness and disorderly conduct.

The interim suspension was continued pending a final decision on penalty.

Registrar, Alcohol and Gaming Commission of Ontario v. 1746988 Ontario Inc., 2008 CanLII 91887

S. Grace Kerr

David C. Gavsie

AGCOAlcohol and Gaming Commission of OntarioDec 18, 2008

Liquor licence suspension proposal dismissed; licensee's unwanted touch of by-law inspector was not disorderly conduct.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for 25 days, alleging the licensee permitted violent or disorderly conduct on the premises.

The allegation stemmed from an incident where the licensee's principal touched a municipal by-law inspector on the arm during an inspection.

The Board found that the physical contact, while unwanted, was a non-violent parting gesture between individuals who knew each other from playing baseball together.

The Board concluded the behaviour did not constitute violent or disorderly conduct under subsection 45(1) of Ontario Regulation 719/90 and declined to make a finding against the licensee.

Registrar, Alcohol and Gaming Commission of Ontario v. 1298438 Ontario Inc., 2008 CanLII 91888

Phillip Morris

David C. Gavsie