1000750923 Ontario Inc. v. Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, 2024 CanLII 72660

Licence Appeal Tribunal

Licence Appeal Tribunal File Number: 15900 LLCA

In the matter of Application by a Licensee under s. 11 of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22, to Remove Conditions

Between:

1000750923 Ontario Inc. (formerly known as Mira)

Applicant

and

Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019

Respondent

CONSENT ORDER

ADJUDICATOR: Avril A. Farlam, Vice-Chair

APPEARANCES:

For the Appellant: Dion Vassos, Counsel

For the Respondent: Jordan Stewart, Counsel Brian Haddad, Student-at-Law

BACKGROUND

11000750923 Ontario Inc. (formerly known as Mira), the applicant applied to the Tribunal to remove all conditions on its Liquor Sales Licence (Licence to Operate a Liquor Consumption Premises) #LSL1376751 issued by the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, (“respondent”), to the applicant on May 9, 2024 (“Licence”).

2The applicant’s position is that there is a change in circumstances that is sufficient to warrant removal of all the liquor licence conditions.

3At the case conference held June 25, 2024, the respondent indicated that the respondent is satisfied that there has been a change in circumstances justifying the removal of the conditions, namely that the conditions on the Licence are not enforceable by the respondent and would not be agreed to by the respondent if they were proposed today.

4The applicant agreed that this resolves all issues in its application to the Tribunal.

5Both parties advised that they consent to the Tribunal ordering removal of all conditions from the applicant’s Licence pursuant to its authority in s. 11(4) of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22 (the “Act”).

6Both parties submitted to the Tribunal a signed a Consent Agreement signed by the applicant on July 15, 2024 and by the respondent on July 15, 2024 (“Consent Agreement”), a copy of which is attached as Schedule A to this Order.

7Having reviewed the Consent Agreement, I am satisfied that there is a change in circumstances justifying the removal of all conditions from the Licence within the meaning of s. 11(4) of the Act.

ON CONSENT OF BOTH PARTIES, I ORDER:

8Pursuant to s. 11(4) of the Liquor Licence and Control Act, 2019, and the Consent Agreement, I order the removal of all conditions from the applicant’s Licence in accordance with the Consent Agreement signed by the applicant on July 15, 2024 and by the respondent on July 15, 2024, a copy of which is attached to this order as Schedule A, and is incorporated and made part of this Order.