COURT FILE NO.: 646/04
DATE: 20041222
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
1166134 ONTARIO INC. c.o.b. as NASHVILLE NORTH
Appellant
- and -
REGISTRAR OF ALCOHOL AND GAMING COMMISSION OF ONTARIO and PAULINE GLADSTONE
Respondents
David A. Shiller, for the Appellant
Joyce A. Taylor, for the Respondents
HEARD: December 22, 2004
PITT J.: (Orally)
[1] Justice Lane obviously thought that a conditional stay until the appeal, would not create a risk to the public and, as would be expected in those circumstances he imposed the conditions he did. The conditions were that the appellant put into effect all of the changes proposed in his affidavit and that it operate within the law.
[2] That endorsement was made on December 17, and on December 18 this motion was brought to revoke the stay on the grounds, as I understand it, that there were three intoxicated patrons in and around the premises. The motion was returnable on December 24, which is well known in our community to be the day on which the people in that kind of business probably do most of their business, and is often a short working day.
[3] We have been informed by counsel for the appellant that he will be leaving the city tomorrow and will be unavailable for the hearing.
[4] While it is always impossible to predict the future, it is my view that in the circumstances a relatively short adjournment will not be inappropriate, and of course I will ask counsel for the appellant to emphasize to his client the importance of complying with the conditions to the letter.
[5] The motion record will read as follows: “For oral reasons delivered, this motion is adjourned to January 7, 2005. Costs left to the Tribunal hearing the matter.”
PITT J.
Date of Reasons for Judgment: December 22, 2004
Date of Release: January 6, 2005
COURT FILE NO.: 646/04
DATE: 20041222
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
1166134 ONTARIO INC. c.o.b. as NASHVILLE NORTH
Appellant
- and -
REGISTRAR OF ALCOHOL AND GAMING COMMISSION OF ONTARIO and PAULINE GLADSTONE
Respondents
ORAL REASONS FOR JUDGMENT
PITT J.
Date of Reasons for Judgment: December 22, 2004
Date of Release: January 6, 2005