Case Conferences
The LAT’s Rules of Practice govern the conduct of case conferences. If a case conference is convened, the LAT member presiding at the case conference has the authority to designate interested individuals as additional ‘parties’ to a hearing. If an objector wishes to be made a party to the hearing, they must attend the case conference. The goal of the case conference is to assist the parties to prepare for the hearing, to ensure the hearing is conducted in an expeditious and effective manner, to focus on the issues in dispute and, where possible, to assist the parties to resolve some or all of those issues. The LAT member(s) conducting the case conference may make orders that are binding on the parties.
The Hearing
More formal than a public meeting, a hearing is a quasi-judicial proceeding held before a panel of one or more members of the LAT. An administrative hearing is less formal than a court proceeding, however, the panel hears sworn testimony on behalf of both parties and has the power to make a decision about the outcome of the matter.
Preparing for a Hearing
It is important that objectors carefully organize their case before the hearing. Your group may choose to retain a lawyer or nominate a spokesperson to be “party to the proceedings” and act as the objectors’ representative at the hearing. The lawyer or representative may give evidence, call upon other individuals (witnesses) to give evidence, question the applicant’s witnesses and present relevant documents such as petitions, photos, police reports, maps of the area indicating other liquor-licensed establishments, schools and homes, etc.
You may wish to review relevant laws, particularly the Liquor Licence and Control Act, 2019, its regulations and standards or requirements established by the Registrar. Copies of the Liquor Licence and Control Act, 2019 and its regulations are available for purchase through Publications Ontario, 777 Bay Street, Toronto, Ontario. To order copies by mail, call 1-800-668-9938. Copies are also available through the Government of Ontario’s website at www.ontario.ca/laws.
Revised Rules of Practice
The LAT’s Rules of Practice govern all aspects of a proceeding before the Tribunal and are intended to secure a just, expeditious and cost effective determination of the proceedings. This includes requirements with respect to disclosure by all parties to each other of the evidence a party intends to rely upon at the hearing and when a party is obliged to do so, pre-hearing conferences and motions.
For information on the LAT’s Rules of Practice, please visit LAT’s website.
The Hearing Process
If party status for the objectors’ representative has not been determined at the case conference, then the objectors’ representative may bring a motion before the hearing panel to request “party” status to the proceedings. After other preliminary matters, such as the swearing in of interpreters, your spokesperson will call witnesses and file documents to support your position.
Testimony is given under oath and it is an offence to give false evidence. The liquor licence applicant may call witnesses and file documents to support its case. Each side may ask questions of the other side’s witnesses once they have testified. This is called cross-examination.
After all the evidence has been introduced, each party will make its closing argument. The closing argument should highlight relevant aspects of the evidence and summarize why the party submits the LAT should find in its favour.
The Decision
The LAT may not make its decision at the hearing and may reserve decision for a later date.
Appeals
If you believe that a decision of the LAT contains an error of law, you may appeal the LAT’s decision to Divisional Court. An appeal to the Divisional Court must be filed in accordance with the rules of court and does not automatically stay a decision of the LAT. If you decide to file an appeal, you may wish to seek legal assistance.