gomes testified that she paid k.m. $70.00 for the two bottles and “presumed they were stolen,” the ruling states. the lcbo website says a 1.75 litre bottle costs $71.90.
on may 22, the orciu continued its surveillance and found the same woman who had stolen the rum the day previous then swiped two “large bottles” of jägermeister from an lcbo outlet on the queensway.
the women joined k.m. back at their residence. later, k.m. was seen walking to southside johnny’s with two items “stuffed into his sleeves,” the report said. he was then seen leaving the bar showing no “indication of any articles being concealed within it.”
gomes says she purchased the jägermeister and “gave the two bottles to her sister,” the ruling noted.
the appeal
theodorakakis says he bought liquor several times a week leading up to the bust to “keep the peace,” to pacify the residents of the encampment “so they would not harass the establishment and his customers,” the report said.
the owner says that six months prior to may 2025, k.m. and other residents of the encampment had been wandering into his business, using the washrooms, and badgering customers in attempts to sell stolen goods inside and outside the premises.
theodorakakis claimed the gang members caused $5,000 to $6,000 worth of damage to his property, he said he feared for his safety and the safety of his employees, which led to the purchase of the loot. theodorakakis presented no evidence of the damage, but his oral testimony was accepted.
theodorakakis threw water on any notion that the stolen liquor was ever used to serve customers of southside johnny’s.
the ruling
stanton accepted theodorakakis’ rationale in keeping the peace, but noted the owner had other options available to him, such as calling the police.
the adjudicator says there was no evidence that theodorakakis either contacted the police or his insurer about the damage to his business that he claims happened. however, no evidence was found that the establishment served stolen liquor to its customers.