ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
Tyler Peter Wasileff Registrant
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO; Beryl Ford, Board Member Decision Date: May 29, 2009 Hearing Location: Windsor, Ontario (and teleconference)
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission: Bryna Kapland and Daniel Alakas, Representatives Tyler Peter Wasileff, Registrant: Joseph Barile, Representative
Allegations
A hearing into a Notice of Proposed Order dated June 15, 2007 to revoke the registration of TYLER PETER WASILEFF (the "Registrant"), 492 Gilbert Avenue, Lasalle, Ontario, N9J 3M9, as a gaming assistant, in the class of gaming key employee, registration number 6578, on the basis of section 12 of the Gaming Control Act, 1992 ("GCA"), that there was reasonable grounds to believe that the Registrant will not act as a gaming assistant in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct, and the Registrant has carried on activities that are in contravention of the Act or regulations or the terms of the registration, was held on February 20 and 21, 2008, April 28 and 29, 2008, May 6, 2008 in the City of Windsor, and concluded by teleconference on May 29, 2009.
Daniel Alakas, Registrar's Representative, and Joseph Barile, Registrant's Representative, submitted an Agreed Statement of Facts (Exhibit 10) and Joint Submission on Disposition (Exhibit 11) which form part of this decision. It was agreed and admitted that:
On October 19, 2006, Tyler Peter Wasileff operated a combination poker tournament, raffle and dinner at the Fogolar Furlan Club under a Special Occasion Permit. The Special Occasion Permit completed, signed and submitted by Mr. Wasileff, stated that the event would be a "Stag and Doe" reception and not intended to make profit directly or indirectly from the sale of liquor at the event. No licence was obtained for the tournament or raffle.
Based on the facts in paragraph 1, the registrant admits to violations of sections 4(1), 5(1) and 19(1) of the Gaming Control Act and to filing false information with respect to the Special Occasion Permit.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of TYLER PETER WASILEFF, 492 Gilbert Avenue, Lasalle, Ontario, N9J 3M9, gaming assistant, in the class of gaming key employee, registration number 6578, be suspended for SIXTY (60) days to commence on June 1, 2009 and continue until July 30, 2009, inclusive.
Further, the Board ORDERS that the registration of TYLER PETER WASILEFF shall be subject to the following Terms, in addition to those Terms prescribed under the GCA and Regulations:
a. TYLER PETER WASILEFF shall be prohibited from participating, organizing or involvement in any poker or other card game events in which participants pay a fee to enter except for in the course of employment or casino sponsored events held at a casino.
b. TYLER PETER WASILEFF shall advise the Deputy Registrar, in writing, within ten days of any and all charges, convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code of Canada and the Ontario Highway Traffic Act).
DATED AT TORONTO THIS 29th DAY OF MAY, 2009
KIRSTI HUNT, VICE-CHAIR, AGCO BERYL FORD, BOARD MEMBER
Attached
IN THE MATTER OF THE GAMING CONTROL ACT, 1992, S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED
AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION OF TYLER PETER WASILEFF
AGREEMENT
A. Independent Legal Advice
TYLER PETER WASILEFF acknowledges that he has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.
B. Agreed Facts
TYLER PETER WASILEFF and Registrar's Counsel agree to the following:
On October 19, 2006, Tyler Peter Wasileff operated a combination poker tournament, raffle and dinner for profit at the Fogolar Furlan Club under a Special Occasion Permit. The Special Occasion Permit completed, signed and submitted by Mr. Wasileff, states that the even would be a "Stag and Doe" reception and not intended to make profit directly or indirectly from the sale of liquor at the event. No licence was obtained for the tournament or for the raffle.
Based on the facts in paragraphs 1, the registrant admits to violations of section 4(1), 5(1) and 19(1) of the Gaming Control Act and to filing false information with respect to the Special Occasion Permit.
C. Joint Submission Regarding Disposition
TYLER PETER WASILEFF and Registrar's Counsel agree to the following:
The Registration of TYLER PETER WASILEFF shall be suspended for a period of sixty (60) days. The Suspension shall take effect on June 1, 2009 and continue consecutively and inclusively until July 30, 2009.
The registration of TYLER PETER WASILEFF shall be subject to the following Terms, in addition to those Terms prescribed under the Act and Regulations:
a. TYLER PETER WASILEFF shall be prohibited from participating, organizing or involvement in any poker or other card game events in which participants pay a fee to enter except for in course of employment or casino sponsored events held at a casino.
b. TYLER PETER WASILEFF shall advise the Deputy Registrar, in writing, within ten days of any and all charges, convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code of Canada and the Ontario Highway Traffic Act).
Dated this 12th day of May, 2009
TYLER PETER WASILEFF Registrant
Bryna Kaplan, Counsel to the Registrar, AGCO
Joseph Barile Counsel to the Registrant