Liquor licence suspended for four days for permitting drunkenness, reduced from proposed 14-day suspension.
The Registrar of Alcohol and Gaming proposed a 14-day suspension of the appellant's liquor licence for permitting drunkenness.
The Tribunal previously found the appellant contravened s. 45(1) of O. Reg. 719/90 but dismissed another allegation.
On the issue of sanction, the Registrar sought the full 14-day suspension, citing aggravating factors and a prior monetary penalty.
The appellant requested a warning.
The Tribunal found a 14-day suspension unreasonable and too harsh given the appellant's relatively positive compliance history and the fact that only one allegation was proven.
The Tribunal ordered a 4-day suspension.
Consent order issued resolving appeal of proposal to revoke travel agency registration.
The appellant appealed a Notice of Proposal to Revoke Registration issued by the Registrar under the Travel Industry Act, 2002 for failing to file financial statements.
The parties reached a settlement and requested a consent order without a hearing.
The Licence Appeal Tribunal issued a consent order incorporating the Minutes of Settlement, which required the appellant to maintain its trust account, submit monthly trust reconciliations, file annual financial statements, and maintain minimum working capital.
Consent order issued resolving proposal to revoke motor vehicle dealer registrations subject to strict conditions.
The appellants, a motor vehicle dealer and its principal, appealed a Notice of Proposal by the Registrar to revoke their registrations under the Motor Vehicle Dealers Act, 2002.
The parties reached a settlement and applied for a consent order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.
The Licence Appeal Tribunal issued the consent order, incorporating the agreed terms and conditions which require the appellants to comply with strict disclosure, advertising, and financial responsibility obligations.
Liquor licence suspension appeal allowed in part; drunkenness violation upheld but disorderly conduct allegation dismissed.
The Registrar of Alcohol and Gaming proposed to suspend the liquor licence of the appellant, operating as Diamonds Cabaret, alleging violations of the Liquor Licence Act regulations.
The Registrar alleged the appellant failed to deter disorderly conduct outside the premises after an ejected patron was assaulted by off-duty dancers, and that the appellant permitted drunkenness inside the premises on a separate occasion.
The Licence Appeal Tribunal dismissed the disorderly conduct allegation, finding the assault outside was unforeseeable and not a predictable consequence of the patron's earlier behaviour inside.
However, the Tribunal upheld the drunkenness allegation, finding that staff knew or ought to have known a patron was intoxicated but allowed him to remain with a beer.
The Tribunal requested written submissions on the appropriate sanction.
Consent order issued resolving proposal to revoke motor vehicle dealer registrations without a hearing.
The appellants appealed a Notice of Proposal by the Registrar to revoke their registrations under the Motor Vehicle Dealers Act, 2002.
The Licence Appeal Tribunal granted the request and issued a consent order incorporating the agreed terms, which included requirements for the appellants to comply with the Act, enroll in a certification course, and adhere to strict disclosure and advertising obligations.
Appeal resolved by consent order maintaining travel agent registration subject to financial reporting conditions.
The Registrar issued a Notice of Proposal to revoke the appellant's travel agent registration for failing to file financial statements.
The appellant appealed to the Licence Appeal Tribunal.
The parties reached a settlement and requested a consent order disposing of the appeal without a hearing.
The Tribunal issued the consent order, requiring the appellant to maintain its trust account, submit monthly reconciliations, file annual financial statements, and maintain minimum working capital.
Consent order issued resolving travel agency registration revocation appeal upon agreed financial reporting conditions.
The Registrar issued a Notice of Proposal to revoke the registration of the appellant travel agency for failing to file financial statements.
The agency appealed to the Licence Appeal Tribunal.
The Tribunal issued the consent order, which required the agency to maintain its trust account properly, submit monthly trust reconciliations, provide financial statements, and maintain minimum working capital.
Consent order issued imposing terms and conditions on motor vehicle dealer registration.
The appellant appealed a Notice of Proposal by the Registrar of the Motor Vehicle Dealers Act, 2002 to refuse his registration.
The parties reached a settlement and requested a consent order without a hearing under section 4.1 of the Statutory Powers Procedure Act.
The Licence Appeal Tribunal issued the consent order, imposing terms and conditions on the appellant's registration, including compliance with the Act, restrictions on acting as a controlling mind of a dealer without consent, and disclosure requirements.
Liquor licence application approved after objectors withdrew or failed to attend the hearing.
The appellant applied for a liquor sales licence, which the Registrar proposed to review due to public objections.
At the hearing, the City of Toronto withdrew its objection, and the remaining objector failed to attend.
The Registrar took no position.
The Tribunal approved the application subject to standard municipal clearance letters and requirements.
Consent order issued resolving appeal of proposal to revoke motor vehicle dealer registrations.
The parties reached a settlement and applied for a consent order without a hearing under section 4.1 of the Statutory Powers Procedure Act.
The Licence Appeal Tribunal issued the consent order, incorporating terms that included the revocation of the corporate dealer's registration, conditions on the individual appellant's registration as a salesperson, and requirements regarding financial responsibility and criminal record disclosure.
Appeal of travel agent registration revocation resolved by consent order imposing trust accounting and reporting conditions.
The appellant, Lily Vacation Inc., appealed a Notice of Proposal by the Registrar under the Travel Industry Act, 2002 to revoke its registration as a travel agent for failing to file financial statements and respond to correspondence.
The Licence Appeal Tribunal issued the consent order, incorporating the Minutes of Settlement which required the appellant to maintain its trust account, submit monthly reconciliations, file annual financial statements, and maintain minimum working capital.
Liquor licence approved; municipality's blanket objection without specific evidence failed to meet public interest onus.
The appellant applied for a liquor licence for a beauty salon and spa.
The City of Toronto filed a blanket objection to all liquor licence applications unless the applicant met certain conditions, but called no evidence specific to the appellant's application.
The Tribunal found that a municipal resolution alone, without specific evidence, is not persuasive enough to prove that issuing the licence is contrary to the public interest.
The Tribunal directed the Registrar to approve the application.
Consent order issued resolving appeal of Registrar's order to cease false advertising.
The appellant motor vehicle dealer appealed a Notice of Order by the Registrar to cease false advertising.
The Licence Appeal Tribunal issued the consent order, incorporating the settlement terms which required the dealer's advertising to be pre-approved for a specified period and mandated compliance with advertising regulations.
Administrative penalty for failing to file an accessibility report reduced from $2,000 to $500.
The appellant, Lafleur Restaurants Limited, appealed an order requiring it to pay a $2,000 administrative penalty for failing to file an accessibility report under the Accessibility for Ontarians with Disabilities Act.
The appellant argued the failure was due to inadvertence and filed the report immediately upon receiving the order.
The Tribunal found that the failure to file the report was a minor contravention, not a major one, as it did not pose a health or safety risk.
The Tribunal varied the Director's order, reducing the administrative penalty to $500.
Adjournment of pre-hearing motion granted to allow issues to be addressed at the hearing.
The appellants brought a pre-hearing motion seeking to resolve an item on a warranty assessment report and to exclude certain expert reports.
The respondent requested an adjournment of the motion to the first day of the hearing, citing the unavailability of a key witness.
The Tribunal granted the adjournment, finding that the appellants' motion was premature and could be fairly addressed at the commencement of the hearing without prejudicing the parties.
The appellant appealed an order requiring it to pay a $2,000 administrative penalty for failing to file an accessibility report under the Accessibility for Ontarians with Disabilities Act.
The appellant argued that a corporate restructuring delayed the filing and that it was unaware of the requirement until late 2013.
The Tribunal found that the failure to file was a minor contravention, not a major one as determined by the Director, and that the appellant had no previous contravention history.
The Tribunal varied the order, reducing the administrative penalty to $500.
Administrative penalty for late filing of an accessibility report reduced from $2,000 to $500.
The appellant appealed a Director's order requiring it to file an accessibility report under the Accessibility for Ontarians with Disabilities Act and pay a $2,000 administrative penalty for late filing.
The appellant filed the report shortly after the order was issued.
The Licence Appeal Tribunal found that the failure to file the report was a minor contravention, not a major one, and that the appellant had no previous contravention history.
Administrative penalty for failing to file an accessibility report reduced from $2,000 to $250.
The appellant appealed an order requiring it to file an accessibility report and pay a $2,000 administrative penalty under the Accessibility for Ontarians with Disabilities Act.
The appellant argued it was unaware of the requirement, operated an internet-based business, and had fewer than 20 employees.
The Tribunal found that while the appellant was required to file a report in 2012, the failure to do so was a minor administrative contravention, not a major one posing health or safety risks.
Furthermore, as this was the first reporting cycle, there was no contravention history.
The Tribunal varied the order, reducing the administrative penalty to $250.
Extension of time to appeal registration revocation granted where two-day delay caused by counsel's administrative error.
The appellant, a registered motor vehicle salesperson, brought a motion to extend the time to file an appeal of a Notice of Proposal to Revoke Registration.
The appeal was filed two business days late due to an administrative error by the appellant's counsel.
Applying the four factors from Manuel, the Tribunal found that the appellant had a bona fide intention to appeal, the delay was short and explained, and there was no significant prejudice to the Registrar.
The Tribunal granted the extension of time and set aside the final notice revoking the registration.
Consent order issued resolving an appeal of a proposal to refuse registration under the Motor Vehicle Dealers Act.
The appellant appealed a Notice of Proposal by the Registrar to refuse registration under the Motor Vehicle Dealers Act, 2002.
The parties reached a settlement and requested a Consent Order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.
The Tribunal ordered the proceedings concluded based on the agreed terms and conditions, which included compliance with the Act, disclosure obligations, and restrictions on the appellant's trading activities.