Eugene J. Bhattacharya

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to suspend the liquor licence of the respondent licensee for alleged violations of the Liquor Licence Act regulations, specifically failing to clear signs of service and overcrowding.

The parties submitted an Agreed Statement of Facts and a Joint Submission on Disposition, admitting that patrons were consuming beer after hours and the premises were overcrowded.

The Board accepted the joint submission and ordered a 14-day suspension of the liquor licence.

The appellant appealed his conviction.

The Court of Appeal for Ontario dismissed the appeal, finding that the verdict was reasonably supported by the evidence.

The appellant, an off-duty police officer, was involved in a driving altercation where he assaulted a civilian, causing extensive facial damage.

He was convicted of assault causing bodily harm under the Criminal Code.

Following a disciplinary hearing under the Police Services Act, he was found guilty of discreditable conduct and dismissed from the police service.

He appealed the penalty to the Ontario Civilian Police Commission, arguing it was disproportionate and disparate compared to other cases.

The Commission dismissed the appeal, finding the severity of the violence and the officer's lack of credibility—highlighted by his reliance on a fabricated timeline regarding his father's accident to claim emotional stress—justified the penalty of dismissal.