Doug C. Hunt

The applicant sought judicial review of three orders made by a panel of the Alcohol and Gaming Commission of Ontario that directed a hearing to proceed in camera and excluded counsel for interested persons.

The Divisional Court quashed the orders, emphasizing that section 9(1) of the Statutory Powers Procedure Act and the common law strongly favour open hearings.

The Court found that the Board failed to consider less restrictive measures to address its concerns regarding the presence of counsel while witnesses were excluded.

The applicant sought judicial review to quash an order of the Alcohol and Gaming Commission of Ontario that granted intervenor status to the Liquor Control Board of Ontario in two stay motions.

The stay motions were based on allegations of witness tampering by an LCBO employee and the improper distribution of transcripts.

The Divisional Court held that the standard of review was correctness and found that the Board erred in granting intervenor status.

The Court concluded that the LCBO had no interest in the stay motions and its intervention would introduce a distortion into the adversarial process.

The order granting standing to the LCBO was quashed.