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-
Kimberly Ann Davidson Registrant
ORDER
Panel: Beryl Ford, Board Member; S. Grace Kerr, Board Member Decision Date: May 12, 2011 Hearing Location: Niagara Falls, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Daniel Alakas, Representative Kimberly Ann Davidson, Registrant ) On her own behalf
Allegations
- A hearing into a Notice of Proposed Order dated October 13, 2010 to revoke the registration of KIMBERLY ANN DAVIDSON, 1238 Townline Road, Niagara on the Lake, Ontario, L0S 1J0, as a gaming assistant, in the class of gaming employee under the Gaming Control Act, 1992 (the “GCA”), file number 73467, on the basis that she is disentitled to registration or renewal of registration under section 10 or 11 of the Gaming Control Act, 1992 (the “GCA”), commenced on April 13, 2011 in the City of Niagara Falls, Ontario.
Preliminary Matters
Ms Davidson appeared on her own behalf and waived her right to legal representation. She indicated that she has retained a lawyer, who was not present for the proceedings on April 13th, although she had expected him. She also anticipated having representation in the event the hearing proceeded in the future.
The proceedings were simultaneously translated for Ms Davidson through American Sign Language interpreters, Ms Lorna Schuster and Ms Lesley Roach.
Adjournment Request
At the outset of the proceedings, Mr. Alakas, on behalf of the Registrar, requested an adjournment. He indicated that this matter involves substantial controlled substances issues. Court proceedings on criminal charges against Ms Davidson that are related to this matter would likely be resolved on April 28th, 2011. The resolution of those charges could have a significant impact on the Registrar’s position, moving forward.
In addition, because of the immediacy of the anticipated resolution of the criminal proceedings, the Registrar did not want to interfere with those proceedings with evidence put forward in this matter. The Registrar therefore asked that the criminal proceedings be resolved first, allowing the Registrar an opportunity to review the transcript and to decide on how to proceed in this matter.
Ms Davidson consented to the adjournment request.
Order
After considering the reasons for the Registrar’s requested adjournment and the Registrant’s consent to that request, the Board confirms its oral ORDER that the matter is adjourned to a date in May or June (of 2011). The date shall be agreed upon between the Hearings department, the Registrar and the Registrant.
The Board also confirms its oral ORDER that Beryl Ford and Grace Kerr, Board Members, shall be seized of this matter.
DATED AT TORONTO THIS 12 DAY OF MAY, 2011
BERYL FORD, BOARD MEMBER S. GRACE KERR, BOARD MEMBER