YQNA Court Victory Against Cabana Pool Bar

A packed dance party at the Cabana Pool Bar by the Eastern Gap. (Screen capture from the Bar’s video)

By Ed Hore

YQNA recently won a legal victory against the Cabana Pool Bar in the Ontario Divisional Court. The effect is that the outdoor nightclub won’t be authorized to make more amplified noise than it’s already making.

The nightclub owners already had a liquor licence that allowed thousands of people outside at Cabana Pool Bar, and to have amplified music until 11 pm on weekends. They applied for a new licence that they hoped would allow them to have a lot more people and make more noise for longer hours.

The Toronto Islanders, City Council and YQNA objected. I represented YQNA pro bono.

Ed Hore is a keen outdoorsman who knows both the law and the lake. 

After a 17-day hearing in 2017, the Licence Appeal Tribunal (LAT) granted the nightclub a new licence, but with a condition that prohibited amplified music outside.  It found Islanders had been disturbed by loud music, and that the nightclub’s efforts to control noise had been casual and ineffective. The new licence was worse than the old one from the point of view of the nightclub.

On appeal, the Ontario Divisional Court upheld the Licence Appeal Tribunal in a lengthy decision released on June 14, 2021.

The Court dismissed the City’s cross-appeal which argued that the nightclub owners couldn’t apply for a new liquor licence because they already had one for the same premises through a related corporation. Nothing in the wording of the statute prevented the second licence application, said the Court.

The odd result is that the nightclub’s owners can, it seems, pick and choose which liquor license they like better: they’ll still probably stick with the old one because it allows amplified music outside.

But at least the recent decision prevents the nightclub from getting the licence it wanted. The loud music problem may not get better, but at least won’t get worse.

Both the nightclub and the City need permission to appeal. We don’t know yet if either will try.

Edward Hore is a lawyer, former chair of YQNA and founding chair of Waterfront for All.

Meeting: Jack Layton Ferry Terminal

Jack Layton Ferry Terminal

TAKE PART IN THE FUTURE OF OUR WATERFRONT. Waterfront Toronto is holding a public meeting to bring citizens up-to-date on the master plans for the revitalization of the Ferry Docks and Harbour Square Park. We encourage everyone to come out to this important meeting which will define the future of our Waterfront. NOTE: Included in this presentation will be the proposed changes to the Ring Road around the back of Harbour Square condos and to the parking lot now there. In lieu of an Open House, there will be an extended Q&A session.

DATE: TUESDAY, JANUARY 26

TIME: New Time: 6:30 – 8:30 PM

PLACE: Brigantine Room at Harbourfront Centre, 225 Queens Quay West

For more information, contact Waterfront Toronto at info@waterfronttoronto.ca.

Talk: City Building on the Waterfront

Ken Greenberg

Ken Greenberg, Toronto’s great innovator of urban design, will give a unique presentation at YQNA’s next meeting with the title “City Building on the Waterfront.” For over three decades, Ken has shaped downtowns, waterfronts and regions across North America and Europe, in cities such as Toronto, Amsterdam, New York and Paris. He has a prominent role in our own Waterfront neighbourhood, where we enjoy the results of his holistic approach and long-term view of planning. Ken and his wife Eti are often seen here on their bikes or in kayaks. Ken’s book, “Walking Home: the Life and Lessons of a City Builder” expresses his philosophy that cities may be big, but they are enjoyed on a human scale.

We are honoured to welcome Ken Greenberg, and invite you to attend this free event:

Tuesday, September 9th at 7 – 9 p.m.

Radisson Admiral Hotel

249 Queens Quay West, Rain Dance Room

David Crombie, David Miller to Talk Jets

CrombieMiller
Former Mayors David Crombie (left) and David Miller will discuss the jet proposal for Toronto’s Waterfront with other panelists.

Hosted by NoJetsTO

Date:
Monday, December 9th

Location:
OISE Auditorium, 252 Bloor St. W.
Room G162 – ground floor
(Bedford exit of St. George station)
6:30-7:00 p.m. – registration
7:00-9:00 p.m. – main event

With the City Council vote on the dangerous jet proposal for the Island Airport looming on December 16, it’s time for high-profile Torontonians to discuss this vital issue.

Former Toronto Mayor David Crombie and former Chief Planner Paul Bedford are joined by renowned architect Jack Diamond, former Mayor David Miller, and Jane Fairburn, author of Along the Shore: Rediscovering Toronto’s Waterfront Heritage.

Moderator is journalist John Lorinc of Spacing Magazine.

Join NoJetsTO for this important event on the future of Toronto’s Waterfront. Please RSVP at their website.