Court File and Parties
CITATION: Shooters Sports Bar Inc. v. Registrar, Ontario (Alcohol and Gaming Commission of Ontario), 2011 ONSC 7090
DIVISIONAL COURT FILE NO.: 220/09
DATE: 20111129
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, HARVISON YOUNG AND RAY JJ.
BETWEEN:
SHOOTERS SPORTS BAR INC. Appellant
– and –
REGISTRAR, ALCOHOL AND GAMING COMMISSION OF ONTARIO Respondent
Clive H. Preddie, In Person
Joyce A. Taylor, for the Respondent
HEARD at Toronto: November 29, 2011
Oral Reasons for Judgment
HARVISON YOUNG J. (orally)
[1] The appellant, Shooters Sports Bar appeals the decision of a Board of the Alcohol and Gaming Commission of Ontario. The Board found that the appellant allowed approximately 158 people in an area licensed for only 106, in contravention of s.43 of O. Reg. 719/90 and allowed a patron to smoke marijuana on the licensed patio, in contravention of s.45(2) of O. Reg. 719/90.
[2] The Board dismissed the allegation that the Licensee had breached s.45(1) of 719/90 by permitting drunkenness and it declined to find that the patio was overcrowded. The Board, in separate subsequent reasons, ordered a fourteen day suspension of the applicant’s liquor licence.
[3] An appeal lies to this Court only a question of law (see the Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c. 26, Sched., s.11(2)). All of the grounds raised by the appellant are in essence challenges to the Board’s findings of fact and determinations of credibility. The Board was alive to inconsistencies in some of the evidence but did not find those inconsistencies to be material to the issues before it. It is common ground that there was evidence before the Board to ground its findings.
[4] The appellant is challenging the Board’s conclusion as to the assessment and weight to be given to that evidence. It is not our function to reassess or reweigh the evidence before the Board. There was no denial of natural justice in the proceedings.
[5] For these reasons, the appeal raises no question of law and must therefore be dismissed.
SWINTON J.
[6] I have endorsed the Record, “This appeal is dismissed for oral reasons delivered today. Costs of the appeal and motion for stay are fixed at $5,000.00 all inclusive, payable to the Registrar in 30 days.”
HARVISON YOUNG J.
SWINTON J.
RAY J.
Date of Reasons for Judgment: November 29, 2011
Date of Release: December 5, 2011
CITATION: Shooters Sports Bar Inc. v. Registrar, Ontario (Alcohol and Gaming Commission of Ontario), 2011 ONSC 7090
DIVISIONAL COURT FILE NO.: 220/09
DATE: 20111129
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, HARVISON YOUNG AND RAY JJ.
BETWEEN:
SHOOTERS SPORTS BAR INC. Appellant
– and –
REGISTRAR, ALCOHOL AND GAMING COMMISSION OF ONTARIO Respondent
ORAL REASONS FOR JUDGMENT
HARVISON YOUNG J.
Date of Reasons for Judgment: November 29, 2011
Date of Release: December 5, 2011