COURT FILE NO.: 436/07
DATE: 20080414
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, MOLLOY AND LINHARES DE SOUSA JJ.
B E T W E E N:
REGISTRAR, ALCOHOL AND GAMING COMMISSION ONTARIO
Registrar (Respondent)
- and -
NORTHWEST PROTECTION SERVICES LTD.
Applicant (Appellant)
Joyce A. Taylor, for the Registrar (Respondent)
Peter T. Henderson, for the Applicant (Appellant)
HEARD at Toronto: April 14, 2008
CARNWATH J.: (Orally)
[1] We reject the submission that the Commission’s findings of fact were so flawed that they constitute an error in law. The Commission concluded that Mr. McBean attempted to deceive the Commission, a conclusion it was entitled to make on the evidence. We reject the invitation to substitute our findings of fact for those of the Commission. Having so concluded, the Commission was obliged to refuse the renewal pursuant to the Gaming Control Act, S.O. 1992, c.24, s.10(b).
[2] We reject the submission that the financial information sought by the Crown from Mr. McBean was irrelevant. The Commission’s attention was drawn to the shareholder’s advance account as a result of its investigations. Mr. McBean refused to provide the information sought, thus contravening s.30 of the Act and constituting an offence under s.46(1)(c). Therefore, the Board was required to refuse the renewal pursuant to s.10(c).
COSTS
[3] Costs to the Respondent fixed at $10,460.00, inclusive of fees, disbursements and GST.
CARNWATH J.
MOLLOY J.
LINHARES DE SOUSA J.
Date of Reasons for Judgment: April 14, 2008
Date of Release: April 16, 2008
COURT FILE NO.: 436/07
DATE: 20080414
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, MOLLOY AND
LINHARES DE SOUSA JJ.
B E T W E E N:
REGISTRAR, ALCOHOL AND GAMING COMMISSION ONTARIO
Registrar (Respondent)
- and -
NORTHWEST PROTECTION SERVICES LTD.
Applicant (Appellant)
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: April 14, 2008
Date of Release: April 16, 2008