Richard E. Kulis

The Registrar of the Alcohol and Gaming Commission appealed a Divisional Court decision that overturned five findings of liquor licence infractions by the respondent restaurant and reduced its licence suspension.

The Court of Appeal allowed the appeal in part, finding that the Divisional Court erred by reassessing findings of mixed fact and law regarding three infractions, including encouraging immoderate consumption and serving an intoxicated patron.

The Court of Appeal also held that the Divisional Court breached natural justice by imposing a new penalty without hearing submissions.

A 14-day licence suspension was substituted.

The appellants sought to proceed with an appeal regarding the Divisional Court's decision to admit fresh evidence, despite acknowledging the case was moot because the facility had been sold and new liquor licences were being issued with the consent of formerly objecting residents.

The Court of Appeal declined to hear the appeal, finding no live controversy remained and the respondent had no interest in the issue.

The appeal was dismissed as moot with no costs awarded.