2 total
Monetary penalty for permitting drunkenness set aside due to insufficient evidence of patron's intoxication.
The Registrar of Alcohol and Gaming imposed a $1,500 monetary penalty on the appellant licensee for allegedly permitting drunkenness on the premises, contrary to s. 45(1) of O. Reg. 719/90.
An inspector observed a patron who appeared intoxicated, citing slurred speech, unsteadiness, and inappropriate behaviour.
The licensee appealed the order.
The Licence Appeal Tribunal found the evidence insufficient to prove the patron was intoxicated, noting her behaviour could be attributed to her naturally boisterous personality and that the inspector did not speak to the patron or the bartender.
The appeal was allowed and the monetary penalty was set aside.
Appeal dismissed; right-of-way instrument interpreted as granting two distinct rights on different sides of property.
The appellants appealed a decision interpreting a right-of-way over their cottage property in favour of the respondent's adjacent property.
The appellants argued the right-of-way only permitted maintaining a water pipeline, or alternatively, that the rights should be exercised on the same side of the property.
The Court of Appeal dismissed the appeal, upholding the application judge's finding that the instrument created two distinct rights: one for recreational lake access on the east side, and another to use a pump in the boathouse on the west side.
The court declined to rewrite the instrument to combine the rights-of-way.
