COURT FILE NO.: 740/01
DATE: 20020923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ARCHIE CAMPBELL, MCNEELY, ELLEN MACDONALD JJ.
B E T W E E N:
CHONOOK PARK, operating as INSIDE THE CORNER POCKET
Appellant
- and -
REGISTRAR OF ALCOHOL AND GAMING COMMISSION OF ONTARIO
Respondent
Raymond E. Boggs, for the Appellant
Phillip Morris, for the Respondent
HEARD: September 23, 2002
ARCHIE CAMPBELL J.: (Orally)
[1] It is unnecessary to repeat the facts reviewed in the factums.
[2] The appellant withdraws the argument based on due diligence.
[3] As for res judicata, double jeopardy and abuse of process, a prosecution is different from a regulatory hearing with different parties and different potential remedies. The quasi criminal Provincial Court acquittal does not affect the regulatory jurisdiction of the board.
[4] As for the Charter, no notice has been given to the Attorney General in any event section 11(h) does not apply to regulatory proceedings like these.
[5] The appellants have not established on the merits that any translation difficulty led to a denial of natural justice. In any event the board is not required to provide an interpreter. Its practice, consistent with the Rules of Civil Procedure, is reasonable.
[6] The parties agreed that Mr. Park could interpret and he said his diabetes did not prevent him from continuing. Although the appellant's agent asked for an adjournment, the board did not rule on it. After it was clear that the interpreter was alright, the appellant's agent said, "I just want this hearing to move on".
[7] Nothing in the merits of the case or the procedures followed by the board suggests error or unfairness. The appeal is therefore dismissed.
[8] Costs are fixed at $2500. The suspension shall commence at 11:00 a.m. September 27th and shall end at 2:00 a.m. on October 7th, 2002.
Date of Reasons for Judgment: September 23, 2002
Date of Release: October 17, 2002
COURT FILE NO.: 740/01
DATE: 20020923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ARCHIE CAMPBELL, MCNEELY,
ELLEN MACDONALD JJ.
B E T W E E N:
CHONOOK PARK, operating as INSIDE THE CORNER POCKET
Appellant
- and -
REGISTRAR OF ALCOHOL AND GAMING COMMISSION OF ONTARIO
Respondent
ORAL REASONS FOR JUDGMENT
Date of Reasons for Judgment: September 23, 2002
Date of Release: October 17, 2002