Court File and Parties
CITATION: Strangelove v. Registrar AGCO, 2010 ONSC 2954
DIVISIONAL COURT FILE NO.: 223/10
DATE: 20100519
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCCOMBS, SWINTON AND WILTON-SIEGEL JJ.
BETWEEN:
1758944 ONTARIO INC. o/a STRANGELOVE Appellant
– and –
THE REGISTRAR OF THE ALCOHOL AND GAMING COMMISSION OF ONTARIO Respondent
George Tsimiklis and Kevin D. Toyne, for the Appellant
Phillip Morris and Rena Khan, for the Respondent
HEARD at Toronto: May 19, 2010
Oral Reasons for Judgment
SWINTON J. (orally)
[1] The appellant seeks to overturn the decision of the Vice-Chair of the Alcohol and Gaming Commission rendered May 3, 2010, refusing to adjourn hearings scheduled to begin May 28, 2010 and continuing June 9 and July 12, 2010.
[2] An appeal lies to this Court from a decision of the Board of the Alcohol and Gaming Commission only on a question of law (see s.11(2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c.26).
[3] This Court has held that an appeal lies only from a final decision of the Board (see L.L.B.O. v. Cadillac Ranch, unreported, Div. Ct. Dec. 9, 1997). The decision of the Vice-Chair is not a final decision of the Board. Therefore, this appeal should be dismissed.
[4] Even if this appeal had proceeded by way of an application for judicial review, it is premature. This is not one of those exceptional cases in which judicial review may be sought before the Board has completed its hearing and rendered a decision. It is not possible to determine at this time whether the applicant will suffer a denial of natural justice because of the Vice-Chair’s denial of the adjournment. Therefore, even if this were an application for judicial review, it would be dismissed.
MCCOMBS J.
[5] For oral reasons delivered, appeal dismissed. Costs payable to the responding party, fixed at $5,000.00, payable forthwith.
SWINTON J.
MCCOMBS J.
WILTON-SIEGEL J.
Date of Reasons for Judgment: May 19, 2010
Date of Release: May 31, 2010
CITATION: Strangelove v. Registrar AGCO, 2010 ONSC 2954
DIVISIONAL COURT FILE NO.: 223/10
DATE: 20100519
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCCOMBS, SWINTON AND WILTON-SIEGEL JJ.
BETWEEN:
1758944 ONTARIO INC. o/a STRANGELOVE Appellant
– and –
THE REGISTRAR OF THE ALCOHOL AND GAMING COMMISSION OF ONTARIO Respondent
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: May 19, 2010
Date of Release: May 31, 2010