3 total
Appeal of liquor license suspension dismissed; no denial of natural justice found regarding disclosure or evidence.
The appellant appealed a decision of the Liquor License Board finding violations of the Liquor License Act for permitting drunkenness and allowing alcohol to be removed from the premises, as well as the resulting 10-day license suspension and added conditions.
The appellant argued denial of natural justice due to delayed disclosure, improper limits on cross-examination, and the Board's treatment of an inspector's evidence.
The Divisional Court dismissed the appeal, finding no denial of natural justice as the appellant had immediate notice of the infractions, and holding that the Board properly assessed the inspector's observational evidence.
The global sanction was also upheld.
Crown appeal of stay of proceedings dismissed as trial judge made no error in principle.
The Crown appealed a stay of proceedings ordered by the trial judge.
The Court of Appeal dismissed the appeal, finding no error in principle in the trial judge's exercise of discretion, despite the societal interest in having criminal cases proceed to trial.
Support, unjust enrichment, and security orders were upheld on appeal.
The appellants challenged a trial judgment arising from the breakdown of a 15-year unmarried cohabitation on a farm.
They accepted entitlement to restitution for unjust enrichment and to support, but argued the awards were excessive and that the security charge should be narrowed.
The court held the trial judge was entitled to deference in assessing the responding party's needs, the moving party's true income-generating capacity, and the appropriate quantum of support.
Finding no basis to interfere with the unjust enrichment award or the charging order, the appeal was dismissed with costs.
