Licence Appeal Tribunal
Appeal from a Notice of Proposal of the Registrar of Alcohol, Gaming and Racing under the Liquor Licence Act, R.S.O. 1990, c. L. 19 – to Suspend a Licence
Between:
Panzarotini Group Inc. o/a Old School Bar & Grill Appellant
and
Registrar of Alcohol, Gaming and Racing Respondent
ORDER
Adjudicator: Mary Ann Spencer, Member
Appearances:
For the Appellant: Adam Vassos, Counsel
For the Respondent: Aviva Harari, Counsel
ORDER
OVERVIEW
1On January 16, 2017, the Registrar of Alcohol, Gaming and Racing issued a Notice of Proposal to suspend the liquor licence of Panzarotini Group Inc. o/a Old School Bar & Grill (the “appellant”) for 30 days.
2The hearing in this matter was scheduled to take place on January 16, 2018. At 9:30 a.m., the time scheduled for the commencement of the hearing, no one appeared on behalf of the appellant. The hearing was delayed for thirty minutes and staff attempted to contact the appellant’s former counsel, Joseph W. Irving, without success. This was the second adjournment in this matter. The hearing was originally scheduled to take place on July 26, 2017 but was adjourned when an agent acting in Mr. Irving’s place advised the Tribunal that Mr. Irving had inadvertently recorded an incorrect date for the hearing.
3Rule 3.4(d) of the Tribunal’s Rules of Practice provides that the Tribunal may dismiss an appeal without a hearing when a party has abandoned the proceeding. I believed the appeal should be treated as abandoned and on January 22, 2018, the Tribunal released a Notice of Intent to Dismiss the appeal without a hearing unless, within ten days, the appellant provided sufficient reason why the proceeding should not be dismissed.
4On January 25, 2018, the Tribunal received correspondence from Mr. Vassos advising that he now acted for the appellant. Mr. Vassos advised that the appellant had been informed that the hearing was scheduled to take place on January 26, 2018. Mr. Vassos learned that it had been scheduled on January 16, 2018, after the hearing already had been convened, when he contacted Counsel for the Registrar to advise that he was in the process of being retained by the appellant.
5Mr. Vassos requests that the Tribunal not dismiss the appeal and that a case conference be scheduled in this matter to facilitate the discussion of settlement of the matter. On January 31, 2018, the Tribunal received correspondence from Counsel for the Registrar advising the Registrar consents to Mr. Vassos’ request.
6I concur with Mr. Vassos’ submission that the appellant should not lose its right of appeal as the result of the scheduling errors of its former counsel. Therefore, with the consent of the parties, a case conference will be scheduled in this matter. The Tribunal will contact the parties to set a date for the case conference.
ORDER
7Further to the Notice of Intent to Dismiss the appeal without a hearing issued on January 22, 2018, the appeal shall not be dismissed.
8The appellant and respondent shall participate in a case conference in this matter to discuss potential settlement of the issues. The Tribunal will contact the parties to establish a date for the case conference.
9The parties shall be prepared to set a hearing date at the case conference if the case conference fails to result in the resolution of this matter.
LICENCE APPEAL TRIBUNAL
Mary Ann Spencer
Released: February 26, 2018