The City of Toronto charged Hard Luck Inc., a live music venue, with multiple by-law infractions relating to noise disturbances and operating an entertainment establishment without the necessary licence.
The court found the testimony of the primary complainant and the investigating by-law officer credible, establishing that the noise was likely to disturb a reasonable person and that the venue operated as a nightclub rather than an eating establishment.
The defendant failed to establish a due diligence defence for four of the five counts.
Hard Luck Inc. was found guilty on four counts, while one count of operating without a licence was dismissed because the defendant reasonably believed its eating establishment licence was sufficient at the time.
