Cst. Ron VanDeursen

The Registrar of the Alcohol and Gaming Commission of Ontario proposed to suspend the licensee's liquor licence following a fatal motor vehicle accident involving a patron who had attended a corporate Christmas party at the licensee's banquet hall.

Toxicology evidence established that the patron's blood alcohol concentration was more than twice the legal limit at the time of death.

However, witness testimony indicated that the patron did not exhibit visible signs of intoxication during the event, likely due to functional tolerance.

The Board dismissed the allegations, finding insufficient evidence that the licensee knew or ought to have known of the patron's drunkenness or that the patron appeared intoxicated when served.