IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19 s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
RESTAURANT INNOVATIONS INC., OPERATING AS MOOSE WINOOSKI’S,
20 HELDMANN ROAD, KITCHENER
LICENCE NUMBER 24499
O R D E R
WHEREAS a hearing into Notice of Proposal number 16156 dated April 2, 2008, to suspend liquor licence number 24499 of Restaurant Innovations Inc. (the “Licensee”), operating as MOOSE WINOOSKI’S, 20 Heldmann Road, Kitchener, Ontario, N2P 0A6, on the basis of alleged violations subsection 20(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on August 19 and 20 and November 17, 2009 in the City of Kitchener;
AND WHEREAS at the beginning of the third day of the hearing (the third day being November 17, 2009, the first two days being August 19 and 20, 2009) regarding Notice of Proposal number 16156 issued by the Deputy Registrar on April 2, 2008 (the “NOP”), Licensee’s representative, Mr. Michael Lerner, raised an issue of the jurisdiction of the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) to hear further evidence in this matter;
AND WHEREAS the Licensee’s representative filed several documents including an exchange of correspondence starting November 10, 2009 between himself and the Registrar’s representative, Mr. Richard Kulis. The exchange started with a request by the Licensee’s representative that copies of all material, information and documents relating to the matter to be sent to him. This was rejected by Mr. Kulis in one of the letters exchanged;
AND WHEREAS the Licensee’s representative also filed:
a) a letter dated November 16, 2009 that he sent Deputy Minister Fareed Amin requesting, inter alia, a copy of a report “provided to the Minister by Professor Beatty of the Rotman’s School of Business that deals specifically with the conduct and operation” of the AGCO; and,
b) a letter dated November 16, 2009 that he sent to the Information and Privacy Commissioner/Ontario attached along with a copy of the letter referred to in (a) above, as well as copies of the letters exchanged between he and Mr. Kulis referred to above. Licensee’s representative requested in this letter similar information and documents he had requested in his letter of November 10, 2009;
AND WHEREAS the Licensee’s representative advised the Board that he had received no response to his letters of November 16, 2009 and because he may ultimately receive the material requested and/or a copy of the Beatty Report referred to above, such material or Report may contain information critical to his case and necessary for its presentation;
AND WHEREAS the Licensee’s representative requested the hearing be adjourned for that day (November 17, 2009) and the next two scheduled days (November 26 and 27, 2009);
AND WHEREAS the Registrar’s representative agreed that the hearing should be adjourned as requested;
AND WHEREAS the Board consents to the requested adjournment but will add requirements of the parties as discussed at the hearing;
THEREFORE the Board hereby ORDERS:
the hearing on November 17, 2009 and also scheduled for resumption on November 26 and 27, 2009 shall be adjourned sine die, until the Board orders the hearing to recommence and new dates are canvassed;
the Licensee’s representative is to keep the AGCO’s Hearings Department and the Registrar’s representative advised on Friday of each week of the status of his letters of November 16, 2009 to Mr. Amin and to the Information and Privacy Commissioner/Ontario even if there has been no change in status that week, and also to advise the AGCO Hearings Department and the Registrar’s representative immediately of any communication received or made by him regarding those two letters, other than communications between the Licensee’s representative and his client;
should the Licensee’s representative wish to pursue his jurisdictional issue, he should submit in writing the exact wording of his motion (the “Motion”) to the Board and to the Registrar’s representative no later than November 24, 2009;
when the Board orders a hearing of the Motion, the Board shall set the dates on which each of the parties shall submit factum and book of authorities to the other party and to the Board setting out and supporting their position on the Motion.
DATED AT TORONTO THIS 18th DAY OF November , 2009.
DAVID C. GAVSIE, CHAIR, AGCO KIRSTI HUNT, VICE-CHAIR, AGCO