The Liquor Control Board of Ontario (the “LCBO”) appealed the decision of the Ontario Divisional Court overturning the decision of an Administrative Tribunal refusing to issue a witness summons requested by a liquor licensee, Lifford Wine Agencies (“Lifford”), on a motion to stay a hearing before the Tribunal in which the possible revocation of Lifford’s licence was at issue. Lifford asserted that its right to a fair hearing was irreparably compromised by interference with witnesses it proposed to call to give evidence in support of its defence to allegations that it violated provisions of the Ontario Liquor Licence Act and applied for a motion to stay the hearing. During an adjournment in the stay motion, the LCBO engaged the services of a private investigator. The investigator interviewed most of the witnesses summoned by Lifford. Lifford sought the issuance of a summons to require the investigator to provide evidence before the Tribunal on the stay motion and to produce transcripts or other recordings of the interviews. The Tribunal declined to issue a summons on the basis that the investigator’s proposed evidence was irrelevant to the subject matter of the stay motion. On judicial review, the Divisional Court overturned the ruling and this decision was upheld by the Court of Appeal.

27. September 2005 0
Administrative law – Decisions of administrative tribunals – Liquor Licensing Board – Permits & licences – Stay of proceedings – Appeals – Hearings – Judicial review application – Judicial review – Procedural requirements and fairness – Witness tampering – Natural justice – Evidence – Privilege Ontario (Liquor Control Board) v. Lifford Wine Agencies, [2005] O.J. No. 3042, Ontario ...