Phillip Morris

The appellant appealed a decision of the Licence Appeal Tribunal that found it breached capacity limits under the Liquor Licence Act and imposed a 15-day licence suspension.

The appellant conceded its patio was overcrowded but argued the Tribunal erred in law regarding the extent of the breach, reasons, fairness, and sanction.

The Divisional Court dismissed the appeal, finding the Tribunal's decision reasonable, supported by reasons, and the 15-day suspension appropriate given previous similar infractions.

The appellant appealed the Board's decision refusing to issue a liquor licence for its U-Brew business.

The Divisional Court dismissed the appeal, finding no error of law and concluding that the Board's findings of fact were reasonable.

The Board properly interpreted the regulations in a broad, purposive manner in the interest of public safety and health, and was justified in refusing the licence under s. 6(2)(d) of the Liquor Licence Act given the appellant's history of non-compliance.

The appellant appealed a two-day liquor licence suspension imposed by the Board of the Alcohol and Gaming Commission of Ontario for serving an intoxicated customer.

The appellant argued there was no evidence to support the finding and that the Board's conduct created a reasonable apprehension of bias.

The Divisional Court dismissed the appeal, finding there was sufficient evidence to support the Board's conclusions and no basis for a reasonable apprehension of bias.

The appellant appealed a decision of the Registrar of Alcohol and Gaming Commission of Ontario suspending its licence.

The appellant argued that the regulatory hearing was barred by res judicata, double jeopardy, and abuse of process following a quasi-criminal acquittal, and that translation difficulties led to a denial of natural justice.

The Divisional Court dismissed the appeal, holding that the regulatory jurisdiction is separate from the quasi-criminal prosecution, Charter s. 11(h) does not apply to regulatory proceedings, and no unfairness or translation difficulty was established.