COURT FILE NO.: 71/03
DATE: 20040113
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., O’DRISCOLL AND ELLEN MACDONALD JJ.
B E T W E E N:
554846 ONTARIO LTD. c.o.b. as the WINE CELLAR U-BREW
Appellant
- and -
THE REGISTRAR OF THE ALCOHOL AND GAMING COMMISSION OF ONTARIO
Respondent
A. Edward Tonello, for the Appellant
Phillip Morris, for the Respondent Registrar
HEARD: January 13, 2004
CUNNINGHAM A.C. J. S.C.: (Orally)
[1] An appeal to this Court may only be brought on a question of law s.11(2), we find no error of law in the decision of the Board in the present case.
[2] The findings of fact made by the Board were appropriate and reasonable. The absence of a transcript of the second day of the Board’s hearing does not preclude this Court from conducting a proper review of the Board’s decision on a question of law.
[3] The Board rejected the applicant’s narrow interpretation of the Regulations. Rather, it interpreted the Regulations in a broad, liberal and purposive way as dictated by the Interpretation Act. Moreover the Board has a broad public interest mandate which compels it to interpret the Regulations in the best interests of safety and public health. Such a chaotic situation as this cannot be tolerated in a regulated industry.
[4] The applicant had been given numerous chances to comply previously. The refusal to issue a licence in the present case on the basis that the applicant was “not likely to operate his business in the future with honesty and integrity and in compliance with the law” was justified, s.6(2)(d) Liquor Licence Act. The appeal is dismissed.
[5] Costs are fixed at $3,000 all inclusive, payable by the appellant to the respondent.
CUNNINGHAM A.C. J. S.C.
O’DRISCOLL J.
ELLEN MACDONALD J.
Date of Reasons for Judgment: January 13, 2004
Date of Release: January 21, 2004
COURT FILE NO.: 71/03
DATE: 20040113
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., O’DRISCOLL AND ELLEN MACDONALD JJ.
B E T W E E N:
554846 ONTARIO LTD. c.o.b. as the WINE CELLAR U-BREW
Appellant
- and -
THE REGISTRAR OF THE ALCOHOL AND GAMING COMMISSION OF ONTARIO
Respondent
ORAL REASONS FOR JUDGMENT
CUNNINGHAM A.C. J.S.C.
Date of Reasons for Judgment: January 13, 2004
Date of Release: January 21, 2004