David Gavsie

The moving party, a police sergeant, brought a motion to adjourn the hearing of his first appeal regarding 36 counts of misconduct and a penalty of dismissal, and to join it with a second appeal regarding two additional counts of misconduct.

The respondent police service opposed the motion.

The Ontario Civilian Police Commission dismissed the motion, finding that joining the complex appeals would unduly complicate and delay the proceedings, particularly given the moving party was self-represented and the first appeal had already experienced significant delays.

The Commission ordered the first appeal to proceed as scheduled.

The Board previously ordered a 14-day suspension of the licensee's liquor licence.

The licensee appealed to the Divisional Court, which stayed the suspension pending the appeal.

The appeal was dismissed.

The Board issued an amended order setting the 14-day suspension to commence on February 19, 2012, based on dates proposed by the licensee.

The Board previously ordered a 10-day suspension of the Licensee's liquor licence and requested proposed suspension dates.

The Licensee did not submit dates.

The Registrar informed the Board that the licence had not been renewed and was cancelled.

The Board found that because the licence no longer exists, a suspension is moot.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of Nancy's Bar & Grill based on allegations of permitting drunkenness and serving an intoxicated person.

The allegations stemmed from two separate incidents.

In the first, police officers responding to an assault complaint observed two patrons who had been drinking, but the Board found insufficient evidence that they were intoxicated or that the Licensee permitted drunkenness.

In the second, AGCO inspectors observed a patron exhibiting bizarre behaviour and signs of intoxication.

The Licensee testified the patron had medical and drug problems and always acted that way.

The Board found the patron was not intoxicated and dismissed all allegations.

During a hearing to suspend a liquor licence for allegedly serving intoxicated patrons, the Licensee brought a motion for non-suit after the Registrar's case.

The Board dismissed the non-suit motion.

The Registrar then brought a motion arguing that the Licensee should be deemed to have elected not to call evidence because they did not make a formal election when bringing the non-suit motion.

The Board dismissed the Registrar's motion, finding that administrative tribunals have discretion to control their own processes and that fairness dictated allowing the Licensee to call evidence, especially since the Registrar did not raise the election issue at the time the non-suit motion was made.

Following a hearing and a decision finding that the registrant contravened the Gaming Control Act, 1992 and ordering a two-week suspension of her gaming assistant registration, the Board issued an order setting the specific dates for the suspension.

The suspension was ordered to commence on January 1, 2010, and continue until January 14, 2010, based on dates proposed by the registrant.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to suspend the registration of a gaming assistant due to past conduct and contraventions of the Gaming Control Act.

At the hearing, the Registrant admitted to the violations and agreed to a proposed sanction.

The Board ordered a two-week suspension of the registration and imposed a condition requiring the Registrant to submit an approved financial plan to repay her debts.

The Registrar proposed to suspend the licensee's liquor licence based on alleged violations of the Liquor Licence Act and its regulations following an altercation between police and individuals outside the establishment.

The Board found insufficient evidence that the licensee failed to facilitate a police inspection, permitted disorderly conduct on the premises, or failed to take reasonable measures to deter disorderly conduct adjacent to the premises.

The allegations were dismissed.

The Alcohol and Gaming Commission of Ontario previously found that the Licensee breached section 43 of Ontario Revised Regulation 719/90 and ordered a two-day suspension of its liquor licence.

The Licensee proposed suspension dates acceptable to the Board.

The Board ordered the suspension to commence on October 11, 2008, and continue until October 13, 2008.