Bob deToni

The appellant brought a motion to adjourn its appeal of a decision by the Board of the Alcohol and Gaming Commission of Ontario.

The appellant sought the adjournment pending the outcome of an unrelated judicial review application by another licensee challenging the Board's institutional impartiality.

The Divisional Court dismissed the motion, finding that an adjournment could prejudice the respondent and delay the resolution of four-year-old allegations.

Crucially, the court noted that the appellant had never raised the issue of bias in its own case and declined to amend its Notice of Appeal to do so.

The appellant appealed a decision of the Board of the Alcohol and Gaming Commission of Ontario convicting it of infractions under the Liquor Licence Act, including permitting drunkenness, selling liquor to an intoxicated person, and overcrowding a patio.

The appellant argued there was a breach of natural justice due to delayed notice, that the Board misapprehended evidence, and that the defence of necessity applied to the overcrowding.

The Divisional Court dismissed the appeal, finding no unreasonable delay in notice, no palpable and overriding error in the Board's assessment of the evidence, and that the defence of necessity could not be raised for the first time on appeal.