R. Asselstine

The defendants, including William Adamson Skelly and two corporations, were convicted of 11 counts of operating a place of refreshment without a license and 6 counts of operating a refreshment vehicle without a license, contrary to the City of Toronto Municipal Code.

The sentencing hearing addressed the appropriate penalties, considering general and specific deterrence, proportionality, and totality.

The court imposed fines of $1,500 for 10 counts and suspended sentences for 7 counts, finding that daily charges for the same offence over a short period were unaligned with proportionality and totality principles.

The City of Toronto prosecuted Adamson Barbecue Ltd., Adamson BBQ Ltd., and William Adamson Skelly for 95 by-law offences, including operating an eating establishment and a refreshment vehicle without licenses, and contravening Planning Act by-laws.

The court proceeded ex-parte as no defendants appeared.

The individual defendant, William Adamson Skelly, was found guilty on 17 counts related to operating without licenses.

However, all charges against the corporate defendants were dismissed due to insufficient evidence linking them to the business operations.

Additionally, charges against Mr. Skelly for Planning Act contraventions and aiding and abetting the corporations were dismissed, the latter on the principle that one cannot be convicted as both a principal offender and an aider/abettor for the same offence, and because the corporate defendants were found not guilty.