Evelyn Spence

The Registrar of Alcohol, Gaming and Racing proposed to suspend the appellant's liquor licence for 60 days, alleging the appellant permitted drunkenness on its premises contrary to s. 45(1) of Regulation 719/90.

A regular patron was served alcohol, became intoxicated, and was asked to leave.

Staff made attempts to help him get home, which he refused.

The patron was found dead in the snow three days later.

The Licence Appeal Tribunal found that the appellant's staff took reasonable steps to ensure the patron's safe departure once it became apparent he was intoxicated.

The Tribunal held that the legislation does not impose an enduring obligation on a licensee to ensure a patron arrives home safely, nor does it require staff to put themselves in danger.

The Tribunal directed the Registrar not to carry out the proposed suspension.

The appellant's vehicle was impounded for 45 days after her boyfriend was caught driving it with a suspended licence.

She appealed the impoundment to the Licence Appeal Tribunal on the grounds of due diligence and exceptional hardship.

The Tribunal dismissed the appeal, finding that the appellant took no steps to verify the driver's licence status and that exceptional hardship was not established because the family had access to an alternative vehicle.

The Appellant appealed a Notice of Proposal by the Registrar to refuse to renew its registration as a vendor/builder under the Ontario New Home Warranties Plan Act.

The Registrar alleged the Appellant lacked sufficient technical competence due to a poor customer service record and a high rate of chargeable conciliations, and lacked financial responsibility due to failing to provide financial statements and pay outstanding fees.

The Tribunal found that the Appellant had a record of breaches of warranties, lacked technical competence to consistently perform warranties, and could not reasonably be expected to be financially responsible.

The appeal was dismissed and the Registrar's proposal to refuse renewal was upheld.