Supreme Court
Decision Information
Abstract: Appeal from a decision to suspend the dining room liquor license of the Plaintiff for a period of three weeks - Plaintiff challenged the Jurisdiction of the Board on two alternate grounds - Firstly, that there existed a reasonable apprehension of bias as the General Manager of the Board also sat as a member of the quorum - Secondly, that the Board delegated away powers in excess of its jurisdiction thereby rendering such delegated activities ultra vires - Court rejected these arguments but reduced the suspension to fourteen (14) days - Court recommended revision to the existing Ordinance and Regulations
Decision: Appeal dismissed - A challenge on the basis of bias must be timely - Plaintiff was aware of General Manager's dual role and should have raised concerns earlier - Plaintiff further not entitled to say that delegated acts were ultra vires when the benefit of those acts have been taken by the Plaintiff - In light of problems with alcohol abuse in this jurisdiction, Court held that the administrative infraction committed by the Plaintiff not the worst offence contemplated by the Ordinance - Suspension varied
Subjects: Administrative law
Keywords: Jurisdiction of Board
Reasonable apprehension of bias
Delegation
Jurisdiction
Suspension