Ray Kallio

The moving party brought a motion under s. 21(5) of the Courts of Justice Act to vary an order refusing leave to appeal a decision of the Ontario Municipal Board.

The Board had dismissed an appeal regarding minor variances.

The Divisional Court dismissed the motion, finding that the motions judge applied the correct test and did not decline jurisdiction.

The court awarded costs to the respondent but declined to order substantial indemnity costs despite the moving party's unfounded allegations of false evidence.

At a pre-hearing conference regarding an application for a liquor sales licence by Hartley's Bistro Inc., the City of Toronto requested party status.

The applicant objected, while the Registrar took no position.

The Board granted the City of Toronto party status and issued procedural orders regarding disclosure and witness lists ahead of the scheduled hearing.

The licensee applied for additional licensed areas for its nightclub.

At a pre-hearing teleconference, the City of Toronto and a resident's association requested party status.

The licensee and the Registrar did not object.

The Board granted party status to both the City of Toronto (as an intervenor) and the resident's association, and set out a timeline for the disclosure of witness lists and evidence summaries prior to the scheduled hearing.

The applicant applied for a liquor sales licence for the Platinum Lounge.

During a pre-hearing teleconference, the City of Toronto requested party status.

On consent of the Registrar and the applicant, the Board granted the City of Toronto party status.

As the applicant was not ready to proceed with a hearing, the matter was adjourned sine die on consent.

The applicant applied for a liquor licence for a restaurant known as Bier Markt.

The Registrar issued a Notice of Proposal to review the application.

The City of Toronto and the King Spadina Residents' Association initially objected to the application.

Prior to the hearing, the parties reached an agreement on a set of conditions to be attached to the licence, addressing concerns regarding noise, capacity, garbage collection, lighting, and security cameras.

On consent of all parties, the Board approved the application subject to the agreed-upon conditions.

The applicant applied for a liquor licence to operate a restaurant and bar.

The municipality initially objected but subsequently reached an agreement with the applicant on a set of conditions to be attached to the licence.

The Registrar took no position.

The Board approved the application subject to the agreed-upon conditions, which included requirements for security cameras, lighting, noise control, and security personnel.

The applicant applied for a liquor licence for additional indoor capacity of 310 persons for a nightclub.

The Registrar issued a Notice of Proposal to review the application.

The City of Toronto and a local residents' association participated as intervenor and objector.

The parties reached a consent agreement on conditions to be attached to the licence, including security staffing, cameras, metal detectors, and noise control.

The Board approved the application subject to the agreed conditions.

At a pre-hearing conference regarding a liquor licence application by 1542288 Ontario Inc. (Tender Trap Restaurant), the Board of the Alcohol and Gaming Commission of Ontario granted the City of Toronto party status on consent.

The Board also ordered all parties to complete disclosure ten days before the scheduled hearing date.

The Registrar issued a Notice of Proposal to revoke the respondent's liquor licence.

At the continuation of the hearing, the respondent and their counsel failed to attend, having advised that the business was closed and the licence was being voluntarily surrendered.

The Registrar, not having been instructed to accept the surrender, moved to continue the hearing ex parte.

The Board granted the motion, noting the acute public interest and that the respondent had been advised the hearing would proceed.

The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal to revoke the liquor licence of Dang Restaurant.

The hearing proceeded ex parte as the licensee did not appear.

Evidence from police officers, a city councillor, and local residents established that the premises were a hub for drug activity, prostitution, violence, and severe noise disturbances.

The Board found that the licensee repeatedly permitted intoxicated patrons, failed to maintain fire safety standards, and that the operation of the premises was contrary to the public interest.

The Board ordered the immediate revocation of the liquor licence.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to revoke the liquor licence of Dang Restaurant, alleging violations of the Liquor Licence Act including serving intoxicated persons, permitting disorderly conduct, and failing to comply with fire safety regulations.

The hearing proceeded ex parte as the licensee did not appear.

The Board of the Alcohol and Gaming Commission of Ontario ordered the immediate revocation of the liquor licence.

At a pre-hearing conference regarding a proposal to revoke a liquor licence, the Board granted the City of Toronto's request for party status on consent.

The Board also granted the licensee's request for an adjournment on consent and set out a schedule for disclosure among the parties.