Licence Appeal Tribunal
Appeal from an Order of Monetary Penalty under section 14.1 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c. 26, Schedule.
Between:
1919664 Ontario Inc., operating as Play Bar Burlington
Appellant
and
Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996
Respondent
RECONSIDERATION DECISION AND ORDER
Before: Jeanie Theoharis, Vice-Chair
Date: June 4, 2019
Written Submissions By:
For the Appellant: Joseph W. Irving, Counsel
For the Respondent: Valreen Sealie, Articling Student
OVERVIEW
11919664 Ontario Inc., operating as Play Bar Burlington, (the "appellant") appeals an order of monetary penalty issued by the Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, (the "respondent") in the amount of $12,000.1
2The appeal was dismissed as abandoned by decision and order dated December 13, 2018. The member found that the appellant had abandoned the appeal because the appellant and/or the appellant's counsel:
a. did not attend a case conference on November 22, 2018;
b. did not provide written submissions as to why the appeal should not be dismissed as abandoned pursuant to a Notice to Dismiss an appeal without a hearing; and
c. did not attend a case conference on December 7, 2018.
3The appellant filed a reconsideration request. The appellant's counsel indicates that he had no knowledge of the case conference because the Notice was sent to an email address that he has not used for over 10 years. He indicates that on the Notice of Appeal materials filed with the Tribunal, he did not provide an email address for communication.
4The respondent accepts the appellant's counsel's explanation as to why the appellant did not attend the case conference, and consents to the request for reconsideration.
ANALYSIS
5I am satisfied that the rules of procedural fairness were violated, and grant the appellant's request for reconsideration.
6Pursuant to rules 18.2(a) and 18.4(b)(ii) of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017) the Tribunal may order a rehearing of a matter if the rules of procedural fairness were violated.
7The rules of procedural fairness include receiving proper notice and being given an opportunity to be heard. In this case, the appellant did not have an opportunity to be heard as he did not receive notice of the case conference because the notice was sent to an inactive email account. Accordingly, I am satisfied that the rules of procedural fairness were violated and that the appellant should be provided an opportunity for a hearing.
ORDER
8Consequently, it is ordered that:
a. The Order issued on December 13, 2018 is cancelled.
b. The parties shall attend a case conference. The parties will receive a Notice of Case Conference with details as to the date and time of the case conference.
Jeanie Theoharis
Vice-Chair
Tribunals Ontario – Safety, Licensing Appeals and Standards Division
Released: June 4, 2019