Rena Khan

The appellant appealed a 40-day liquor licence suspension imposed by the Licence Appeal Tribunal for selling alcohol to intoxicated patrons and permitting drunkenness, following two separate incidents where patrons left the establishment and were later found suffering from hypothermia (one fatally).

The Divisional Court dismissed the appeal, finding no errors of law in the Tribunal's assessment of evidence, no procedural unfairness from an incomplete recording of the hearing, and no error in principle regarding the sanction imposed.

The appellant sought to overturn a decision of the Vice-Chair of the Alcohol and Gaming Commission refusing to adjourn scheduled hearings.

The Divisional Court dismissed the appeal, holding that an appeal lies only from a final decision of the Board, not an interlocutory decision refusing an adjournment.

The court also noted that even if treated as an application for judicial review, it would be premature.