Joyce A. Taylor

The Registrar of the Alcohol and Gaming Commission of Ontario appealed a decision of the Divisional Court.

Prior to the hearing, the respondent voluntarily surrendered its licence.

Consequently, the Court of Appeal dismissed the appeal as moot.

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

Having regard to the submissions of counsel and an outstanding costs order, the court awarded costs to the respondent in the amount of $12,000, inclusive of disbursements and GST.

The Registrar appealed a Divisional Court decision that found the Board erred in law regarding a liquor licensee permitting drunkenness on its premises.

The Court of Appeal agreed that the Board misinterpreted the word 'permits' in section 45(1) of the regulation, holding that it requires proof the licensee knew or ought to have known of the drunkenness.

Although the Court of Appeal disagreed with the Divisional Court's assessment that the evidence could not support a finding against the licensee, it declined to order a new hearing.

The appeal was dismissed.