Patricia McQuaid

Patricia McQuaid

AGCOUnanimous0 cases2007–2017

AGCOJun 1, 2009

Gaming assistant's registration suspended for three days for posting violent online imagery using employer's logo.

The Registrar issued a Notice of Proposed Order to suspend the respondent's registration as a gaming assistant.

The respondent, a casino dealer, created and posted online computer-generated episodes depicting graphic violence against a bird, incorporating his employer's official logo without authorization.

The parties submitted an Agreed Statement of Facts and Joint Submission Regarding Disposition.

The tribunal ordered a three-day suspension of the respondent's registration and imposed a condition prohibiting him from creating or disseminating violent imagery relating to his employment or employer.

Registrar, Alcohol and Gaming Commission of Ontario v. John Bradley Orgar, 2009 CanLII 29742

SK

S. Grace Kerr

Patricia McQuaid

AGCOJun 1, 2009

Ten-day liquor licence suspension imposed for repeated regulatory violation despite licensee surrendering the licence.

Following a finding that the licensee violated section 29 of Ontario Regulation 719/90, the Board determined the appropriate sanction.

Although the licensee had surrendered his liquor licence prior to the sanction decision, the Board found it necessary to issue a decision for the record.

Noting that this was the licensee's second breach of section 29 within a year, the Board imposed a 10-day suspension to serve the principle of general deterrence, acknowledging that the suspension could not actually be served due to the surrender of the licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Viet Truong, 2009 CanLII 29733

Patricia McQuaid

AGCOUnanimous0 cases2009–2011

BM

Bruce Miller

AGCOMay 12, 2009

Board ordered a 10-day liquor licence suspension to commence on July 13, 2009.

Board ordered mutual disclosure of witness lists and evidence 10 days prior to liquor licence suspension hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1751436 Ontario Inc., 2009 CanLII 29771

Richard Kulis

MT

Michael Taylor

13 cases1996–2024

Patricia McQuaid

AGCOMay 12, 2009

Mutual disclosure of witness lists and evidence ordered ten days prior to liquor licence hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. Sharks Club & Grill Inc., 2009 CanLII 29767

Patricia McQuaid

AGCOUnanimous0 cases2006–2010

GM

Guy Maurice

AGCOMay 11, 2009

Board orders 7-day liquor licence suspension to commence June 22, 2009.

Paradise Place Caribbean Restaurant Inc., 2009 CanLII 29756

Richard Kulis

JL

Jerry Levitan

101 cases2001–2025

Patricia McQuaid

AGCOUnanimous0 cases2006–2010

GM

Guy Maurice

AGCOMay 7, 2009

Liquor licence suspension allegations dismissed as licensee staff acted appropriately in checking ID and removing patrons.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent nightclub based on alleged violations of the Liquor Licence Act and its regulations.

The allegations involved permitting an underage patron to have liquor, failing to inspect identification, and permitting drunkenness and disorderly conduct during an incident where a female patron assaulted a police officer.

The Board dismissed all allegations, finding that the licensee's staff had properly inspected the minor's false identification, did not knowingly permit the minor to have liquor, and had intervened appropriately to remove the allegedly intoxicated patrons before the situation escalated due to police intervention.

Registrar, Alcohol and Gaming Commission of Ontario v. Arena Entertainment Inc. O/A Circa, 2009 CanLII 29726

Patricia McQuaid

AGCOUnanimous0 cases2006–2010

GM

Guy Maurice

AGCOApr 27, 2009

Liquor licence suspended for seven days for failing to cooperate with an inspection.

Following a finding that the licensee violated the Liquor Licence Act and regulations by failing to cooperate during an inspection, the Board considered the appropriate sanction.

The Registrar sought a seven-day suspension, noting the licensee's lack of prior record but emphasizing the need for deterrence.

The licensee requested a fine, citing recent staff re-education and the financial impact of a previous suspension.

The Board noted it lacked jurisdiction to order a fine and found a seven-day suspension appropriate for specific and general deterrence, given the staff's unhelpful and rude behaviour during the inspection.

Registrar, Alcohol and Gaming Commission of Ontario v. Paradise Place Caribbean Restaurant Inc., 2009 CanLII 29755

Patricia McQuaid

AGCOUnanimous0 cases2009–2011

BM

Bruce Miller

AGCOApr 24, 2009

Liquor licence suspended for 10 days due to patio overcrowding and lack of cooperation.

Following a finding that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the capacity of its patio, the tribunal held a hearing in writing to determine the appropriate sanction.

The Registrar sought a 12 to 14-day suspension, citing the licensee's lack of cooperation and the public safety risks of overcrowding.

The licensee requested a fine or a 3-day suspension, noting the layout of the premises and recent economic hardships.

The tribunal emphasized that overcrowding is a serious public safety issue and ordered a 10-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. 1326284 Ontario Ltd., 2009 CanLII 29772

Patricia McQuaid

Dianne Axmith

AGCOUnanimous0 cases2007–2017

AGCOApr 17, 2009

Board orders 15-day liquor licence suspension to commence June 2, 2009.

In the Matter of Seawall Lounge Inc., 2009 CanLII 29765

SK

S. Grace Kerr

Patricia McQuaid

AGCOApr 17, 2009

Liquor licensee found to have failed to clear signs of service, but did not fail to facilitate inspection.

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 failing to clear signs of service after 2:45 a.m. and failing to facilitate an inspection.

Following a hearing, the Board found that the licensee violated section 29 of O. Reg. 719/90 by failing to clear glasses containing beer after hours.

However, the Board dismissed the allegations under subsections 45(1) and 45(2) of the Liquor Licence Act, finding that the licensee's agitated behaviour and refusal to speak with inspectors outside did not amount to a failure to facilitate the inspection.

Registrar, Alcohol and Gaming Commission of Ontario v. Viet Truong O/A Gia-Han Quan Karaoke Bar, 2009 CanLII 29732

Richard Kulis

DM

Dennis Morris

5 cases2009–2022

Patricia McQuaid

AGCOApr 8, 2009

Board ordered mutual disclosure of witness lists and evidence summaries prior to liquor licence revocation hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. J&G’s Sports Bar Inc., 2009 CanLII 29739

Richard Kulis

AS

Albert Smelko

2 cases2009–2009

Patricia McQuaid

AGCOApr 7, 2009

Pre-hearing order issued directing mutual disclosure 10 days before liquor licence suspension hearing.

The Board of the Alcohol and Gaming Commission of Ontario held a pre-hearing conference regarding multiple Notices of Proposal to suspend the liquor licence of the Turkey Point Hotel.

The Board issued a procedural order directing both the licensee and the Registrar to complete mutual disclosure, including witness lists and evidence summaries, at least 10 days prior to the yet-to-be-scheduled hearing date.

Registrar of the Alcohol and Gaming Commission of Ontario v. 698692 Ontario Inc., 2009 CanLII 29779

Richard Kulis

RB

Randall Barrs

80 cases2007–2025

Patricia McQuaid

Dianne Axmith

AGCOApr 7, 2009

Liquor licence suspended for 15 days for after-hours service and failing to clear signs of service.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the licensee's liquor licence for serving alcohol after 2:00 a.m. and failing to clear signs of service, contrary to O. Reg. 719/90.

The licensee admitted to the violations but contested the Registrar's proposed 30-day suspension, arguing for an 11-day suspension based on cooperation and the fact that the premises were not open to the public at the time.

The Board considered the licensee's disciplinary history and mitigating factors, ultimately ordering a 15-day suspension of the liquor licence.

Registrar, Alcohol and Gaming Commission of Ontario v. Seawall Lounge Inc., 2009 CanLII 29764

Richard Kulis

JL

Jerry Levitan

101 cases2001–2025

Patricia McQuaid

AGCOUnanimous0 cases2006–2011

BF

Brian J. Ford

AGCOApr 6, 2009

Allegation of permitting drunkenness dismissed where establishment cut off patron and allowed her to wait for safe ride.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the establishment for allegedly permitting drunkenness on the premises.

AGCO inspectors observed a female patron sleeping at a booth who appeared intoxicated.

The establishment's staff testified that they had cut the patron off from alcohol service an hour prior when she began showing signs of intoxication, and allowed her to remain on the premises to wait for a safe ride home rather than sending her away alone in a taxi.

The Board accepted the staff's evidence, finding that the establishment took appropriate steps and did not permit drunkenness.

The allegation was dismissed.

Registrar, Alcohol and Gaming Commission of Ontario v. 1168849 Ontario Inc. O/A The Three Monkeys, 2009 CanLII 29776

Patricia McQuaid

AGCOUnanimous0 cases2009–2011

BM

Bruce Miller

AGCOApr 3, 2009

Licensee found to have violated capacity limits based on reliable counts by AGCO inspectors.

The Registrar of the Alcohol and Gaming Commission of Ontario alleged that the licensee violated section 43 of Ontario Regulation 719/90 by exceeding the licensed capacity of its patio.

Two AGCO inspectors conducted separate counts using mechanical counters and found 70 and 67 persons on the patio, which had a licensed capacity of 59.

The licensee's staff estimated the number of patrons at 30 to 40 but had not conducted a recent count.

The Board preferred the evidence of the inspectors, finding it more reliable than the staff's estimates, and concluded that the licensee violated the regulation.

Registrar, Alcohol and Gaming Commission of Ontario v. 1326284 Ontario Ltd., 2009 CanLII 29774

Richard Kulis

HC

Howard Cohen

6 cases2008–2025

Patricia McQuaid

AGCOApr 3, 2009

Interim suspension of liquor licence rescinded on consent subject to strict security and surveillance conditions.

Registrar, Alcohol and Gaming Commission of Ontario v. 1757117 Ontario Inc., 2009 CanLII 29748

Patricia McQuaid

AGCOApr 1, 2009

Board ordered mutual disclosure of witness lists and evidence summaries ten days before liquor licence hearing.

1703986 Ontario Inc. operating as Johnny Rotten's Eatery, 2009 CanLII 20261

SC

Sujin Chan

23 cases2007–2009

Patricia McQuaid

Dianne Axmith

AGCOMar 31, 2009

Gaming registration suspended for three weeks for picket line mischief and failure to disclose convictions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposed Order to revoke the gaming registration of the Registrant.

The Registrant had committed mischief by kicking a vehicle during a strike at Woodbine Racetrack and had failed to disclose Highway Traffic Act convictions on his disclosure forms.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a three-week suspension of the Registrant's gaming registration.

Registrar, Alcohol and Gaming Commission of Ontario v. Haddad, 2009 CanLII 20271

SC

Sujin Chan

23 cases2007–2009

BW

Barry Wadsworth

7 cases2002–2015

Patricia McQuaid

Dianne Axmith