Dawson City Music Festival Association v. Yukon Liquor Corp., (1998) 111 B.C.A.C. 168 (YukCA)

• Judge: Goldie, Prowse and Huddart, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: July 13, 1998
• Jurisdiction: Yukon
• Citations: (1998), 111 B.C.A.C. 168 (YukCA)

Music Festival v. Liquor Corp. (1998), 111 B.C.A.C. 168 (YukCA);

   181 W.A.C. 168

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. OC.017

Dawson City Music Festival Association (appellant) v. Yukon Liquor Corporation (respondent)

(YU0399)

Indexed As: Dawson City Music Festival Association v. Yukon Liquor Corp.

Yukon Court of Appeal

Goldie, Prowse and Huddart, JJ.A.

July 13, 1998.

Summary:

The Board of Directors of the Yukon Liquor Corporation passed a resolution prohibiting minors in a beer garden. The operator of a music festival, a feature of which was a beer garden, sought a special occasion permit from the Liquor Corpo­ration. The operator petitioned the court to set aside the Corporation's decision. A Chambers judge dismissed the petition. The operator appealed.

The Yukon Court of Appeal allowed the appeal and remitted the matter back to the Board to consider the application for a special occasion permit in a manner consis­tent with these reasons.

Liquor Control - Topic 4244

Licensing - Powers and duties of licensee - Re minors - The Board of Directors of the Yukon Liquor Corp. passed a resolution prohibiting minors in a beer garden set up under a special occasion licence - The Yukon Court of Appeal held that the Board erred in law in interpreting the Liquor Act and thereby exceeded its juris­diction.

Statutes Noticed:

Liquor Act, R.S.Y. 1988, c. 105, sect. 7 [para. 15]; sect. 7(g) [para. 32]; sect. 21 [para. 20]; sect. 22(1) [para. 21]; sect. 51 [para. 17]; sect. 51(4) [para. 18]; sect. 51(7) [para. 17]; sect. 51(16) [para. 32]; sect. 85 [para. 19]; sect. 85(1) [para. 3]; sect. 106(1) [para. 9].

Counsel:

R. Veale, for the appellant;

M. Leaske, for the respondent.

This appeal was heard before Goldie, Prowse and Huddart, JJ.A., of the Yukon Court of Appeal at Vancouver, British Columbia on July 13, 1998, when the fol­lowing decision was delivered orally by Goldie, J.A.