Red Cup Distillery Ltd v Alberta Gaming, Liquor and Cannabis Commission
Red Cup Distillery Ltd
Law Firm / Organization
Renouf Law
Alberta Gaming, Liquor and Cannabis Commission
Law Firm / Organization
Reynolds Mirth Richards & Farmer LLP
Lawyer(s)

Julie Gagnon

AGLC Regulatory Services Division
Law Firm / Organization
DDC Lawyers LLP

Issue: Red Cup seeks judicial review of AGLC's broad document request for an audit from April 1, 2020, to December 31, 2022, citing section 100 of the Gaming, Liquor and Cannabis Act.

Key Points:

  • Red Cup's Argument: AGLC’s request is overly broad and beyond its authority. Red Cup estimated it would take 400 hours to compile the requested information.
  • AGLC's Argument: Red Cup’s review application is premature as the document request is not a final decision, and the information is necessary for compliance checks under section 100.

Facts:

  • Red Cup holds Class D and Class E licenses for distilling and selling alcohol.
  • In 2019, non-compliance led to sanctions requiring biweekly sales reports, which Red Cup failed to submit from February to April 2021.
  • The AGLC initiated an audit in January 2022, requesting detailed production, financial, and sales records.

Court's Analysis:

  • Standard of Review: Reasonableness.
  • Section 100: Allows AGLC to request information to ensure compliance with the Act and license conditions.
  • Relevance of Information: The court found some requested information (e.g., general ledger, financial statements) may be excessive and harmful if disclosed.

Decision:

  • Outcome: The court deemed AGLC's requests too broad but agreed the judicial review application was premature since no final suspension decision was made. Red Cup must first follow AGLC’s administrative process.
  • The document did not indicate any monetary award

Note: A corrigendum changed the citation from 2024 ABKB 738 to 2024 ABKB 205.

 

Court of King's Bench of Alberta
2203 10384
Corporate & commercial law
Respondent