S. Grace Kerr

The Ontario Harness Horse Association (OHHA) appealed a decision by the Director of the Ontario Racing Commission allocating Standardbred Revenue Allocation (SRA) marketing funds to both OHHA and the Central Ontario Standardbred Association (COSA).

The funds, totaling over $2.1 million, were held in trust by the Woodbine Entertainment Group after its contract with OHHA expired and it entered a new contract with COSA.

The majority of the panel denied the appeal, finding it had jurisdiction to hear the matter de novo and to interpret the underlying Memorandum of Understanding and Business Plan in the best interests of racing.

The panel concluded that COSA qualifies as a provincially recognized horsepersons' association and ordered the funds to be distributed proportionally between OHHA and COSA based on wagering levels and racetrack affiliations, subject to conditions on their use for marketing.

A dissenting member would have allocated all funds to OHHA.

The Ontario Harness Horse Association and Central Ontario Standardbred Association appealed an order of the executive director.

The Ontario Racing Commission panel issued procedural directions for an upcoming hearing, including notifying other industry parties to determine their participation.

The panel also scheduled a motion to quash a subpoena and ordered that the executive director's January 7, 2016 order be stayed until the conclusion of the hearing relating to the SRA funds.

The appellant, a licensed thoroughbred horse trainer, appealed a Stewards' decision imposing a 60-day suspension and a $1,500 fine after his horse tested positive for excessive TCO2 levels.

The appellant argued that his Charter rights were breached and that he was denied procedural fairness because of a delay in releasing the residue blood sample for independent ion concentration testing, which he claimed could have exonerated him.

The Ontario Racing Commission dismissed the appeal, finding that the economic sanctions did not engage Section 7 of the Charter.

The Commission also held that the delay in releasing the sample was not inordinate or oppressive, and the appellant was not significantly prejudiced, as the sample ultimately lacked sufficient plasma for the requested test.

The Stewards' penalty was affirmed.

The appellant appealed a Notice of Proposed Order to Refuse to Renew his Licence.

The Ontario Racing Commission previously denied the appeal and confirmed the refusal.

In this decision regarding penalty, the Commission ordered that pursuant to the Racing Commission Act, the appellant may not apply for a licence for two years from the date of the refusal.

The applicant applied for a liquor sales licence for the outdoor areas of its café.

Several residents objected to the application, raising concerns about noise, youth drinking, vandalism, and the impact on the unique character of the island community.

The Alcohol and Gaming Commission of Ontario held a hearing to determine whether the issuance of the licence was not in the public interest.

The Board found that the objectors failed to establish that granting the licence would be contrary to the public interest, noting the small capacity of the café, its limited hours, and the lack of evidence connecting the café to existing community problems.

The application was approved without additional conditions.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Jet Fox Bar & Grill after the licensee allowed an individual, who was subsequently charged with sexually assaulting a minor after providing her with alcohol, to manage the premises.

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

The Board accepted the joint submission, finding a breach of section 6(2)(d) of the Liquor Licence Act.

The Board ordered a 17-day suspension of the liquor licence and imposed several conditions, including prohibiting the accused individual from having any involvement in or attending the licensed premises.

The Board previously found that the Licensee breached section 29 of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90, and ordered a 20-day suspension of its liquor licence.

The Licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the 20-day suspension to commence on January 2, 2012.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of the respondent licensee following findings of multiple regulatory violations, including failures to provide required notices for catered events and a failure to maintain control over the premises during a violent incident.

The Board declined to revoke the licence entirely, finding that the violations primarily related to the licensee's caterer's endorsement and the operation of a separate banquet hall, rather than the main restaurant.

The Board concluded that the 66-day interim suspension already served was sufficient penalty for the breaches, but revoked the caterer's endorsement and imposed strict conditions on the licence, including prohibitions on special events and DJ performances, and restricted hours of alcohol service.

Following a finding that the Licensee served an intoxicated patron who subsequently caused a fatal motor vehicle accident, the Board determined the appropriate sanction.

The Registrar sought a 30-day suspension, while the Licensee proposed 14 days.

The Board weighed the severe consequences of the over-service, the Licensee's lack of awareness and failure to accept responsibility, against mitigating factors including a clean prior record and cooperation with police.

The Board ordered a 20-day suspension of the liquor licence to satisfy principles of general and specific deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 45-day suspension of the Licensee's liquor licence for alleged violations of the Liquor Licence Act and breaches of its Compliance Plan.

Following a hearing, the Board found the Licensee breached conditions relating to video surveillance signage, camera maintenance, and metal detector checks, but dismissed allegations of permitting disorderly conduct.

On the issue of sanction, the Board concluded that the 12-day interim suspension already served by the Licensee was sufficient for specific and general deterrence, noting the Licensee's immediate corrective actions and the unforeseeable nature of the incident that led to the breaches.

No further suspension was ordered.

Following a finding that the licensee contravened section 43 of O. Reg 719/90 and breached security provisions, the Board ordered an 18-day suspension of the liquor licence.

The licensee proposed acceptable suspension dates.

The Board ordered the suspension to commence on October 10, 2011, and continue until October 28, 2011.

The Board previously found that the Licensee breached subsection 30(4) of the Liquor Licence Act and ordered an 8-day suspension of its liquor licence.

The Licensee proposed suspension dates which were acceptable to the Board.

The Board ordered the suspension to commence on October 30, 2011.

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to revoke the liquor licence of a corporate licensee on the basis that its principal was a full-patch member of the Hells Angels Motorcycle Club.

The Registrar argued that membership in a criminal organization is inherently incompatible with the requirement under the Liquor Licence Act to carry on business in accordance with the law and with honesty and integrity.

The Board declined to revoke the licence, finding that while the Hells Angels is a criminal organization, there was no evidence of any specific past or present conduct by the licensee demonstrating an inability to govern the establishment lawfully.

The licensee had operated the premises without incident or regulatory infractions for ten years.

The Registrar of the Alcohol and Gaming Commission of Ontario sought a 30-day suspension of the licensee's liquor licence for overcrowding and breaching security conditions.

The Board previously found that the licensee permitted overcrowding on four occasions and breached security conditions on two occasions.

Considering the licensee's history of similar recent infractions, balanced against her admission of responsibility and implementation of corrective training measures, the Board determined that an 18-day suspension was appropriate to serve the principles of specific and general deterrence.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent establishment.

The allegations stemmed from an incident where a patron was served five double brandies in 1.5 hours, exhibited signs of intoxication including pulling down his pants, and subsequently drove a vehicle that struck and killed a pedestrian.

The Board found that the patron was intoxicated and that the licensee's staff knew or ought to have known of his intoxication.

The Board concluded that the licensee contravened section 29 of the Liquor Licence Act by serving an intoxicated person and subsection 45(1) of O. Reg. 719/90 by permitting drunkenness on the premises.

The Registrar ordered an interim suspension of the Licensee's liquor licence following a shooting incident at the nightclub.

The Board lifted the interim suspension subject to conditions, including mandatory metal detection and video surveillance checks.

On the merits, the Board found the Licensee breached its Compliance Plan by failing to maintain operational video cameras, post surveillance signage, and ensure all persons (including band members) were checked by a metal detector.

However, the Board dismissed the allegation that the Licensee permitted violent conduct, finding that security staff responded appropriately to the initial altercation before the unexpected shooting occurred.

The Registrar of the Alcohol and Gaming Commission of Ontario sought to revoke the liquor licence of Mac's North End Pub Inc. following a finding that the licensee breached s. 6(2)(a) of the Liquor Licence Act by failing to act with financial responsibility.

The licensee had collected but failed to remit approximately $21,700 in Retail Sales Tax to the Ministry of Revenue over a three-year period.

The licensee agreed that revocation was the appropriate sanction.

The Board ordered the immediate revocation of the liquor licence, emphasizing that the misappropriation of trust monies collected on behalf of taxpayers demonstrated a complete lack of financial responsibility.

The Registrar sought a 14-day suspension of the licensee's liquor licence for permitting a minor to consume liquor on the premises, contrary to s. 30(4) of the Liquor Licence Act.

The licensee argued that the Board lacked jurisdiction because the licensee had already been fined $2,500 in provincial court for the same incident, claiming double jeopardy.

The Board rejected this argument, holding that regulatory proceedings to determine fitness to hold a licence are distinct from quasi-criminal proceedings and do not engage s. 11 of the Charter.

Considering the circumstances, including the licensee's prior recent contravention and lack of corrective measures, but noting the minor did not purchase the alcohol and consumed very little, the Board imposed an 8-day suspension.

The Registrar issued a Notice of Proposed Order to revoke the Registrant's registration as a gaming assistant for failing to disclose criminal charges related to a marijuana grow operation on her annual renewal application.

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

The Board accepted the joint submission, ordering that the Registrant's registration be suspended for nine 12-hour shifts and subject to conditions requiring disclosure of workplace discipline and any future criminal charges.

The Registrar issued a Notice of Proposal to revoke the corporate Licensee's liquor licence.

During the hearing, it became evident that the Licensee had not received material disclosure.

The parties agreed to adjourn the hearing to allow the Licensee to review the disclosure.

The parties also agreed to lift an interim suspension order retroactively, subject to the addition of several conditions to the licence, including age restrictions for staff and identification checks for patrons.

The Board ordered the adjournment and lifted the interim suspension order on consent with the proposed conditions.