Keith L. Geurts

The Registrar of the Alcohol and Gaming Commission appealed a Divisional Court decision that overturned five findings of liquor licence infractions by the respondent restaurant and reduced its licence suspension.

The Court of Appeal allowed the appeal in part, finding that the Divisional Court erred by reassessing findings of mixed fact and law regarding three infractions, including encouraging immoderate consumption and serving an intoxicated patron.

The Court of Appeal also held that the Divisional Court breached natural justice by imposing a new penalty without hearing submissions.

A 14-day licence suspension was substituted.

The appellant appealed a summary judgment dismissing her professional negligence action against her former solicitor.

The action stemmed from a previous lawsuit where the solicitor had concerns about the appellant's mental competency.

The Court of Appeal found no evidence that the solicitor breached the standard of care in the unusual circumstances of the case.

The appeal was dismissed with costs.