The moving party sought an adjournment of the sanctions hearing pending his application to the Divisional Court for judicial review of the decision on the merits.
He argued he was denied procedural fairness because the Commission failed to consider a settlement agreement he entered into with Staff.
The Commission denied the adjournment motion, finding it premature.
Granting the adjournment would place an incomplete record before the Divisional Court, as the sanctions applied to the moving party would be unknown.
The Commission also rejected the submission that the moving party was denied procedural fairness bringing him within the exception in Ontario (Liquor Control Board) v. Lifford Wine Agencies, noting little or no prejudice to him in proceeding with the sanctions hearing.
