Patricia McQuaid

Patricia McQuaid

AGCOApr 2, 2007

Pre-hearing disclosure of witness lists and evidence summaries ordered 10 days before liquor licence hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1489445 Ontario Inc., 2007 CanLII 15746

Bryna Kaplan

BO

Bruce Olmstead

1 case2007–2007

Patricia McQuaid

AGCOMar 27, 2007

Parties ordered to complete disclosure ten days prior to liquor licence revocation hearing.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1490675 Ontario Ltd., 2007 CanLII 10184

Patricia McQuaid

AGCOUnanimous0 cases2006–2012

AH

Allan Higdon

AGCOMar 27, 2007

Board imposes 5-day liquor licence suspension dates after licensee failed to propose acceptable dates.

Re Balkanian Restaurant & Tavern Ltd., 2007 CanLII 10182

NG

Noel Gerry

In Private Practice28 cases2000–2026

Patricia McQuaid

AGCOMar 26, 2007

Licensee ordered to provide pre-hearing disclosure to the Registrar in liquor licence suspension proceedings.

The Registrar of the Alcohol and Gaming Commission of Ontario requested an order for disclosure from the licensee, 1281993 Ontario Inc., ahead of a scheduled hearing regarding a proposal to suspend its liquor licence.

The Board ordered the licensee to provide disclosure, including a witness list, witness summaries, and documentary evidence, by March 29, 2007, in accordance with the AGCO Rules of Practice.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1281993 Ontario Inc., 2007 CanLII 10159

JT

Joyce Taylor

127 cases2006–2016

Patricia McQuaid

AGCOMar 14, 2007

Liquor licence suspended for four days following admission of permitting drunkenness on premises.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the corporate licensee for permitting drunkenness on the licensed premises, contrary to s. 45(1) of O. Reg. 719/90.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Disposition.

The licensee admitted the breach after a police officer found a patron showing signs of drunkenness in the establishment.

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

Registrar of the Alcohol and Gaming Commission of Ontario v. 1437559 Ontario Inc., 2007 CanLII 10176

JL

Jerry Levitan

101 cases2001–2025

Patricia McQuaid

AGCOMar 13, 2007

Liquor licence suspension proposal dismissed; evidence failed to establish licensee permitted drunkenness.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the liquor licence of Barcode Café, alleging the licensee permitted drunkenness and possessed unauthorized liquor containers.

The unauthorized container allegation was withdrawn at the hearing.

Regarding the drunkenness allegation, police officers observed two patrons who appeared intoxicated during a joint forces operation.

However, the Board accepted the evidence of one patron that his apparent signs of intoxication were due to an anxiety attack and medication, and found insufficient evidence that the other patron was intoxicated.

The Board concluded the Registrar failed to establish that the licensee permitted drunkenness and declined to make a finding of a violation.

Registrar of the Alcohol and Gaming Commission of Ontario v. 1595791 Ontario Inc., 2007 CanLII 10150

JP

John Park

14 cases2007–2023

Bryna Kaplan

Patricia McQuaid

AGCOUnanimous0 cases2007–2012

BF

Beryl Ford

AGCOMar 12, 2007

Liquor licence suspended for six days for permitting drunkenness on the premises.

Registrar of the Alcohol and Gaming Commission of Ontario v. MIXTWO KTV INC., 2007 CanLII 10175

AGCOUnanimous77 cases2007–2026

Patricia McQuaid

KH

Kirsti Hunt

AGCOUnanimous0 cases2007–2012

AGCOMar 12, 2007

Liquor licence transfer refused after applicant failed to provide required documentation and missed hearing.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to refuse the transfer of a liquor licence to CSH Gibson Home Inc. due to the applicant's failure to provide required documentation.

The applicant did not attend the hearing despite receiving ample notice, and the Board proceeded ex parte.

The Board found that the applicant's repeated failure to disclose necessary documents over a two-year period provided reasonable grounds to believe the business would not be carried on in accordance with the law and with honesty and integrity.

The application to transfer the licence was refused.

CSH Gibson Home Inc. (Re), 2007 CanLII 10160

Patricia McQuaid

AGCOMar 6, 2007

Liquor licence suspended for 10 days for permitting underage consumption and failing to check identification.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent, operating as Nama Sushi, for permitting an underage patron to consume liquor and failing to inspect identification.

The matter proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition.

The respondent admitted to the violations.

The Board accepted the joint submission and ordered a 10-day suspension of the respondent's liquor licence.

Registrar of the Alcohol and Gaming Commission of Ontario v. Shang Yun Kim, 2007 CanLII 10177

RF

Ron Fritz

2 cases2007–2007

JT

Joyce Taylor

127 cases2006–2016

Patricia McQuaid

Suspended Administratively76 cases2006–2009

AGCOMar 6, 2007

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

Following pre-hearing conferences regarding a Notice of Proposal to suspend a liquor licence and revoke a caterer's endorsement, the Board of the Alcohol and Gaming Commission of Ontario ordered the corporate licensee to disclose its witness list and evidence summaries to the Registrar's counsel 10 days before the hearing.

The Registrar's counsel was also ordered to complete any further disclosure 10 days before the hearing.

Centre Island Food Services Ltd. (Island Paradise Restaurant), 2007 CanLII 10169

BA

Brad Alton

AV

Adam Vassos

In Private Practice36 cases2007–2022

Patricia McQuaid

AGCOMar 5, 2007

Liquor licence suspended for 21 days on consent for underage drinking and other infractions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notices of Proposal to suspend the liquor licence of 1298438 Ontario Inc. (operating as Reactor) for various infractions, including permitting an underage patron to consume liquor, permitting a drunken patron to become involved in an altercation, and leaving bottle service unmonitored.

The parties proceeded by way of an Agreed Statement of Facts and a Joint Submission on Disposition.

The Board accepted the joint submission and ordered a 21-day suspension of the liquor licence.

1298438 Ontario Inc. (Reactor), 2007 CanLII 10183

Bryna Kaplan

Patricia McQuaid

AGCOUnanimous0 cases2006–2012

AH

Allan Higdon

AGCOMar 5, 2007

Liquor licence suspended for 5 days for keeping and permitting unauthorized liquor on premises.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed a 14-day suspension of the respondent's liquor licence for violations including keeping and permitting unauthorized liquor on the premises.

Following a hearing where findings of violation were made, the Board considered the appropriate sanction.

The Registrar sought a 7-10 day suspension, while the respondent's principal requested a one-day suspension, noting his candour in admitting an employee brought unauthorized liquor onto the premises.

The Board found a 7-10 day penalty too harsh given the circumstances and ordered a 5-day suspension of the liquor licence as a matter of specific and general deterrence.

Registrar of the Alcohol and Gaming Commission of Ontario v. Balkanian Restaurant & Tavern Ltd., 2007 CanLII 10181

BA

Brad Alton

Suspended Administratively76 cases2006–2009

Patricia McQuaid

AGCOMar 5, 2007

Liquor licence suspended for four days after licensee admitted to permitting patrons to remove liquor.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Fidel's Havana Lounge.

The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition.

The licensee admitted to permitting patrons to remove liquor from the licensed premises, contrary to subsection 34(1) of O. Reg. 719/90.

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

Registrar of the Alcohol and Gaming Commission of Ontario v. 1646248 Ontario Inc., 2007 CanLII 10161

RK

Richard Kulis

189 cases2003–2018

Patricia McQuaid

AGCOUnanimous0 cases2007–2008

BM

Bruce Monteith

AGCOMar 2, 2007

Liquor licence revoked after corporate licensee ceased business operations for eight months.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of the corporate licensee on the basis that it had ceased operating its business.

The principal of the licensee confirmed the business had ceased operations eight months prior, but had delayed surrendering the licence due to ongoing lease negotiations with the landlord.

The Board found that the business had ceased operations and ordered the immediate revocation of the liquor licence pursuant to section 56 of Ontario Regulation 719/90.

Registrar of the Alcohol and Gaming Commission of Ontario v. 954516 Ontario Limited, 2007 CanLII 15756

JV

John E. Valeriote

1 case2007–2007

AGCOUnanimous77 cases2007–2026

Patricia McQuaid

DG

David C. Gavsie

AGCO47 cases2006–2015

AGCOFeb 27, 2007

Liquor licence condition modified to extend service hours based on community compromise and police evidence.

The licensee applied to remove a condition on its liquor licence that required the sale and service of liquor to cease at 12:30 a.m.

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

At the hearing, the parties presented a compromise agreement to change the cessation time to 1:15 a.m.

Based on the compromise and police evidence indicating a decrease in downtown violence, the Board found a change in circumstances under s. 14(2) of the Liquor Licence Act and ordered the condition modified accordingly.

1568448 Ontario Limited (Bobby O' Brien's), 2007 CanLII 10151

MW

Michael T. Wadsworth

Not Practising Law2 cases2007–2007

Bryna Kaplan

Patricia McQuaid

In Private Practice2 cases2003–2007

AGCOFeb 23, 2007

Liquor licence suspended for 7 days on consent for failing to clear signs of service and permitting drunkenness.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Mavis Gem (Julie) Yorke, operating as Four S's Restaurant and Nite Spot.

The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition, admitting that the licensee failed to clear signs of service and consumption after hours and permitted a drunken person on the premises.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.

Registrar of the Alcohol and Gaming Commission of Ontario v. Yorke, 2007 CanLII 10163

JV

John Vitulli

BA

Brad Alton

Suspended Administratively76 cases2006–2009

Patricia McQuaid

Not Practising Law2 cases2007–2007

AGCOFeb 22, 2007

Procedural order issued for mutual disclosure ahead of a rescheduled 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 G Way Restaurant Services Ltd. (Boston Pizza).

The hearing was adjourned to a date to be set.

The Vice-Chair ordered both the corporate licensee and the Registrar to provide mutual disclosure of witness lists, evidence summaries, and documents ten days prior to the rescheduled hearing date.

Registrar of the Alcohol and Gaming Commission of Ontario v. G Way Restaurant Services Ltd., 2007 CanLII 6222

MW

Michael T. Wadsworth

Bryna Kaplan

Patricia McQuaid

AGCOFeb 20, 2007

Liquor licence suspended for 7 days based on joint submission for after-hours and drunkenness violations.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of Four S’s Restaurant and Nite Spot.

The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition, admitting that the licensee failed to clear signs of service and consumption after hours and permitted a drunken person on the premises.

The Board accepted the joint submission and ordered a 7-day suspension of the liquor licence.

Registrar of the Alcohol and Gaming Commission of Ontario v. Mavis Gem (Julie) Yorke, 2007 CanLII 90427

JL

Jerry Levitan

101 cases2001–2025