David M. Adams

The defendants sought leave to appeal an interlocutory order requiring production of numerous documents relating to police conduct during a blockade and the Crown’s duty to consult with Indigenous peoples before granting mining rights.

The moving parties argued the motion judge failed to give adequate reasons, misapplied relevance and proportionality principles under the Rules of Civil Procedure, and improperly assumed possession of certain documents.

The court held that the motion judge provided sufficient reasons and properly applied the relevance and proportionality requirements for documentary production.

The requested materials, including police notes and records related to consultation obligations, were highly relevant to claims involving access to property and alleged Crown negligence.

The defendants failed to establish good reason to doubt the correctness of the order, and leave to appeal was refused.

The applicant sought judicial review of a decision by the Kingston Area Taxi Commission revoking his taxi licenses.

The Divisional Court found that the applicant was denied procedural fairness because he received only 6 days' notice instead of the required 14 days, and the Commission continued the hearing on a later date without notifying him or his representative.

The court set aside the Commission's decision and remitted the matter for a new hearing before a differently constituted panel.

The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence following a fatal motor vehicle accident involving a patron.

The Board heard evidence that the deceased and a friend consumed large quantities of alcohol at the licensed premises before the accident.

Applying the Faryna v. Chorny test for credibility, the Board accepted the evidence of the surviving passenger and the Registrar's toxicology expert over the licensee's staff.

The Board found that the licensee breached the Liquor Licence Act by permitting liquor to be sold to an intoxicated person and permitting drunkenness on the premises.

Submissions on sanction were invited.