Latest news with #JackAstor's
Global News
24-06-2025
- Global News
2 men who intervened in Toronto Jack Astor's bar fight not guilty of manslaughter
Alexander Campbell and Tyler Josling, two men who intervened in a bar fight at a Scarborough Jack Astor's restaurant nearly three years ago, have been found not guilty of manslaughter. Superior Court Justice Michael Dineen ruled the two friends were 'responding to a sudden situation of real peril' on the night of July 11, 2022. Dineen also found that if Campbell and Josling had not intervened, it is entirely possible that Frank Harbalis, the man they were trying to restrain and who later died, would have caused serious injury to himself and others. When Dineen finished reading his 45-minute judgment and said 'not guilty,' a dramatic scene played out inside the fourth-floor courtroom. From the rows in the gallery, where friends and family of Harbalis sat, a number of expletives were yelled out. Campbell and Josling began to cry, and shrieks of relief could be heard from friends and family who had stood by the two friends throughout the trial. Story continues below advertisement On the night of the altercation, 911 was called for an assault in progress at the Jack Astor's at Scarborough Town Centre. When first responders arrived, 32-year-old Harbalis was found face down on the floor and appeared unresponsive. Harbalis was rushed to hospital and paramedics successfully revived him, but he died in hospital two days later. At trial, court heard from witnesses and saw video surveillance showing Harbalis, a customer, suddenly attack a restaurant manager named Trevor Jaijairam. Harbalis, who had been in the bar for a few hours before leaving the restaurant and was captured on video scaling a seven-foot-high glass wall on the patio, returned to ask for his cellphone, which he'd left behind. Video surveillance appeared to show Harbalis calmly talking to Jaijairam before Harbalis suddenly punched Jaijairam in the face with considerable force. Jaijairam, who appeared to be unprepared for the blow, called for backup on his radio system. The next part of the physical altercation can only be seen in the background of the video and is much harder to see. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Harbalis is seen chasing Jaijairam before other staff members can be seen running toward the altercation. Harbalis then picks up a chair and strikes another staff member, Imzam Ali, in the head. Immediately after the blow to Ali, Campbell and Josling can be seen running in before tackling Harbalis to the floor as Harbalis appears to attempt to swing the chair. Story continues below advertisement A prolonged struggle ensued between Harbalis, Jaijairam, Ali, Campbell and Jostling. It ended approximately ten minutes later with Harbalis unconscious with no vital signs. None of this struggle was captured on video surveillance. Jaijairam and Ali gave evidence of how Harbalis continued to resist the struggle. Ali testified that Campbell had his left arm wrapped around Harbalis' neck, while Ali used the word 'chokehold' in an initial interview with police. At trial, he did not adopt this characterization. Jaijairam testified he has since come to believe from watching UFC fights that a 'chokehold' capable of rendering someone unconscious would require Campbell to have linked his hands together. A pathologist who testified at trial said Harbalis's cause of death was neck compressions, but could not conclude how those neck compressions caused his death. One possibility was that it resulted from the application of blunt force. The second, since Harbalis had an abnormally enlarged heart and apparent chronic heart disease from uncontrolled high blood pressure, he would have been vulnerable to rhythmic abnormalities in the electrical system of the heart that could lead to sudden cardiac arrest. As a result, the apparent neck compression or injury may simply have been a contributing factor, combined with the stress on the heart from the ongoing struggle, in triggering Harbalis's pre-existing heart condition to stop his heart. Story continues below advertisement Dineen concluded that the role of the defendants in the incident was 'the laudable one of trying to protect others from serious harm' and that the defendants were acting as 'Good Samaritans.' 'This does not give carte blanche to employ disproportionate force in response to a violent situation, but it militates in favour of a more forgiving standard when assessing the reasonableness of their decisions,' Dineen added. Dineen said he also considered the limited time Campbell and Josling had to respond to the situation when a customer named Adrian Raghubeer saw the chokehold applied. This was within about 80 seconds of the onset of the struggle, a struggle that included Harbalis casting off all four men at one point and getting to his knees and significant initial grappling to try to get him under control. Dineen found that Campbell and Josling were not professionals and were completely unprepared to deal with a sudden, violent and frightening attack by a very large man. He said that was evident from some of their decisions and inferred that these men must have reasonably been afraid and did not know exactly what to do. 'I find that the most that has been proven is that the defendants may have made a brief misjudgment about the amount of force necessary and appropriate to get Harbalis under control,' Dineen said. Story continues below advertisement 'They were making decisions in the face of a real threat of harm to others and with little time for careful consideration. They were trying to help. I do not believe that they meant to cause serious harm to Harbalis. I also do not believe that it can be said that this brief misjudgment rose to the level of being unreasonable in all of the circumstances, making criminal liability appropriate. This arguable misjudgment, in combination with Mr. Harbalis's heart condition, contributed to very sad consequences. I do not know what came over Mr. Harbalis to cause his sudden, violent behaviour that night, but it is tragic that he was not able to receive the help he clearly needed.' Outside court, lawyers for Campbell and Josling expressed their relief that the trial is finally over and said their clients are grateful for the judge's careful consideration of the evidence in the case. 'Mr. Josling, as you can see from the reaction in the courtroom when the verdict was read out, was really, really relieved,' Josling's lawyer, Marco Sciarra, said outside court. 'These gentlemen got themselves in a situation of trying to assist and, as a result, faced a prosecution. It was a very stressful time for them over the past few years and the result was just in my opinion,' Campbell's lawyer Peter Thorning said, 'It could not be proven that they did not act reasonably in the circumstances that they were facing, which was one of what he described as imminent peril.'
Cision Canada
08-05-2025
- Business
- Cision Canada
SIR Royalty Income Fund Reports 2025 First Quarter Financial Results
BURLINGTON, ON, May 8, 2025 /CNW/ - SIR Royalty Income Fund (TSX: (the "Fund") today reported its financial results for the first quarter ended March 31, 2025 ("Q1 2025"). "We generated 7% growth in Pooled Revenue in the first quarter compared to Q1 last year, driven by the four new restaurants we added to the Royalty Pool in January 2025, including three new Scaddabush locations and Edna + Vita, our exciting, new fine-dining concept in downtown Toronto. Scaddabush continues to generate solid same store sales growth, and we are currently developing two new locations which will bring the total number of Scaddabush restaurants to 15," said Peter Fowler, CEO of SIR Corp. "We are maintaining our focus on continuous innovation and providing immersive new product and guest service offerings to further strengthen our restaurant brands. We look forward to a busy patio season ahead." Q1 2025 Summary Pooled Revenue totaled $64.7 million, an increase of 7.0% compared to $60.5 million for the three months ended March 31, 2024 ("Q1 2024"). Royalty income in the SIR Royalty Limited Partnership (the "Partnership") increased to $3.9 million, from $3.6 million in Q1 2024. Equity income from the Partnership, which represents the Fund's pro rata share of the residual distributions of the Partnership, was $2.5 million, similar to Q1 2024. The Royalty Pooled Restaurants (the "Royalty Pool") had a consolidated same store sales ("SSS") (1) decline of 1.3%. Net earnings were $1.0 million, compared to $2.3 million in Q1 2024. Distributable cash (2) totaled $2.3 million, or $0.27 (basic and diluted) per Fund Unit, and cash distributed to unitholders totaled $2.4 million, representing a payout ratio (2) of 104.1%. The payout ratio (2) since the Fund's inception in 2004, up to and including Q1 2025, is 100.0%, in line with the Fund's target payout ratio (2) of 100% per annum. Effective January 1, 2025, four new restaurants were added to the Royalty Pooled Restaurants, including three Scaddabush Italian Kitchen & Bar® ("Scaddabush") locations (in London and Guelph, Ontario and the Don Mills neighbourhood of Toronto), and Edna + Vita TM, and the closed Jack Astor's® location in North York, Ontario was removed from the Royalty Pool. Subsequent Event SIR Corp. ("SIR") permanently closed the Jack Astor's location in the Greenfield Park neighbourhood of Longueuil, Quebec effective April 27, 2025. This restaurant will cease to be a Royalty Pooled Restaurant effective January 1, 2026. Q1 2025 Financial Results Summary Pooled Revenue in Q1 2025 increased by 7.0% to $64.7 million, compared to $60.5 million in Q1 2024. The increase reflects additional revenue from the four new restaurants that were added to the Royalty Pool effective January 1, 2025 (three Scaddabush locations and Edna + Vita), partially offset by the closed Jack Astor's restaurant that was removed from the Royalty Pool effective January 1, 2025 and the 1.3% decline in consolidated SSS (1) for the quarter. Net earnings for Q1 2025 were $1.0 million, or $0.12 (basic and diluted) per Fund Unit, compared to net earnings of $2.3 million, or $0.27 (basic and diluted) per Fund Unit, for Q1 2024. The reduction in net earnings was primarily attributable to a decrease of $0.5 million in the estimated fair value of the SIR Loan in Q1 2025, compared to an increase of $0.8 million in Q1 2024. Changes to the SIR Loan's valuation are related to IFRS 9, which requires the Fund to recognize the SIR Loan at fair value, with changes in the fair value being recorded in the statement of earnings. Same Store Sales ("SSS") (1) Change in SSS (1) for Royalty Pooled Restaurants Three-month period ended Mar. 31, 2025 Three-month period ended Mar. 31, 2024 Jack Astor's® (2.4 %) (4.1 %) Scaddabush® 2.6 % 5.2 % Signature Restaurants (5.0 %) 19.2 % Overall Change in SSS (1) (1.3 %) (1.1 %) Jack Astor's SSS (1) performance for Q1 2025 includes all 36 locations that were in operation during the quarter. Jack Astor's accounted for approximately 62.5% of Pooled Revenue in Q1 2025 and had a SSS (1) decline of 2.4%. The decline primarily reflected reduced dine-in guest traffic at certain locations and lower take-out and delivery sales, partially offset by price increases. Scaddabush SSS (1) performance for Q1 2025 includes 10 out of the 13 locations. Scaddabush had SSS (1) growth of 2.6% in Q1 2025, reflecting price increases and the continued popularity of this brand. The Signature Restaurants SSS (1) performance for Q1 2025 includes two restaurants (Reds® Square One and The Loose Moose Tap + Grill®). The Signature Restaurants had a SSS (1) decline of 5.0% in Q1 2025, which was primarily attributable to lower dine-in guest traffic, partially offset by price increases. Distributable Cash (2) The following table reconciles the relationship between cash provided by operating activities and distributable cash (2): Distributable cash (2) for Q1 2025 totaled $2.3 million, or $0.27 per Fund Unit (basic and diluted), and distributions to Unitholders totaled $2.4 million, representing a payout ratio (2) of 104.1%. The payout ratio (2) since the Fund's inception in 2004, up to and including Q1 2025, is 100.0%, in line with the Fund's target payout ratio (2) of 100% per annum. Outlook SIR continues to monitor consumer spending behavior in light of current evolving macroeconomic factors, including inflation, interest rates, and the impact of new cross-border tariffs between Canada and the United States, and their potential impact on the Canadian economy and consumer confidence. Ongoing business impacts due to changes in the minimum wage, rising commodity costs and supply shortages have all been influential in the bar and restaurant industry's changes in pricing overall. SIR continues to innovate and provide immersive new product and service offerings to increase dine-in guest visits and to capitalize on the rapid growth of take-out and delivery services in commercial foodservice. SIR has leased properties in Barrie and Oshawa, Ontario, upon which it plans to develop two new Scaddabush locations. There can be no assurance at this time that these planned new restaurants will be opened or will become part of the Royalty Pooled Restaurants. In consideration of the ongoing conditions mentioned above and the timing of new restaurant construction and renovations, the related restaurant opening schedules will be reviewed regularly by SIR and adjusted as necessary. Non-IFRS Financial Measures (1) Same store sales ("SSS") and same store sales growth ("SSSG") are non-GAAP financial measures and do not have standardized meanings prescribed by International Financial Reporting Standards ("IFRS"). However, the Fund believes that SSS and SSSG are useful measures and provide investors with an indication of the change in year-over-year sales. The Fund's method of calculating SSS and SSSG may differ from those of other issuers and, accordingly, SSS and SSSG may not be comparable to measures used by other issuers. SSS includes revenue from all SIR Restaurants included in Pooled Revenue except for those locations that were not open for the entire comparable periods in 2025 and 2024. SSSG is the percentage increase in SSS over the prior year comparable period. (2) Distributable cash and payout ratio are non-GAAP financial measures and do not have standardized meanings prescribed by IFRS. However, the Fund believes that distributable cash and the payout ratio are useful measures as they provide investors with an indication of cash available for distribution. The Fund's method of calculating distributable cash and the payout ratio may differ from that of other issuers and, accordingly, distributable cash and the payout ratio may not be comparable to measures used by other issuers. Investors are cautioned that distributable cash and the payout ratio should not be construed as an alternative to the statement of cash flows as a measure of liquidity and cash flows of the Fund. The payout ratio is calculated as cash distributed for the period as a percentage of the distributable cash for the period. Distributable cash represents the amount of money which the Fund expects to have available for distribution to Unitholders of the Fund, and is calculated as cash provided by operating activities of the Fund, adjusted for the net change in non-cash working capital items including a reserve for income taxes payable and the net change in the distribution receivable from the SIR Royalty Limited Partnership. For a detailed explanation of how the Fund's distributable cash is calculated, please refer to the Fund's Q1 2025 MD&A, which can be accessed via the SEDAR+ website ( Q1 2025 Filings The Fund's unaudited interim consolidated Financial Statements and Management Discussion & Analysis ("MD&A"), and the Partnership's Financial Statements, for Q1 2025 are available via the SEDAR+ website at and SIR's website at About SIR Corp. SIR Corp. ("SIR") is a privately held Canadian corporation that owns a portfolio of 53 restaurants in Canada. SIR's Concept brands include Jack Astor's Bar and Grill® with 35 locations, and Scaddabush Italian Kitchen & Bar® with 13 locations. SIR also operates one-of-a-kind "Signature" brands including The Loose Moose®, Reds® Square One and Edna + Vita TM. All trademarks related to the Concept and Signature brands noted above are used by SIR under a License and Royalty Agreement with SIR Royalty Limited Partnership. SIR also owns two Duke's Refresher® + Bar locations, which are currently not part of the Royalty Pool. For more information on SIR or the SIR Royalty Income Fund, please visit About SIR Royalty Income Fund The Fund is a trust governed by the laws of the province of Ontario that receives distribution income from its investment in the SIR Royalty Limited Partnership and interest income from the SIR Loan. The Fund intends to pay distributions to unitholders on a monthly basis. Caution concerning forward-looking statements Certain statements contained in this report, or incorporated herein by reference, including the information set forth as to the future financial or operating performance of the Fund or SIR, that are not current or historical factual statements may constitute forward-looking information within the meaning of applicable securities laws ("forward-looking statements"). Statements concerning the objectives, goals, strategies, intentions, plans, beliefs, expectations and estimates, and the business, operations, financial performance and condition of the Fund, the SIR Holdings Trust (the "Trust"), the Partnership, SIR, the SIR Restaurants or industry results, are forward-looking statements. The words "may", "will", "should", "would", 'could", "expect", "believe", "plan", "anticipate", "intend", "estimate" and other similar terminology and the negative of such expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the Fund, the Trust, the Partnership, SIR, the SIR Restaurants or industry results, to differ materially from the anticipated results, performance, achievements or developments expressed or implied by such forward-looking statements. These statements reflect Management's current expectations, estimates and projections regarding future events and operating performance and speak only as of the date of this document. Readers should not place undue importance on forward-looking statements and should not rely upon this information as of any other date. Risks related to forward-looking statements include, among other things, challenges presented by a number of factors, including; market conditions at the time of this filing; competition; changes in demographic trends; weather; changing consumer preferences and discretionary spending patterns; changes in consumer confidence; changes in national and local business and economic conditions; pandemics or other material outbreaks of disease or safety issues affecting humans or animals or food products; the ability to maintain staffing levels; the impact of inflation, including on input prices and wages; the impact of the war in the Ukraine; changes in tariffs and international trade; changes in foreign exchange and interest rates; changes in availability of credit; legal proceedings and challenges to intellectual property rights; dependence of the Fund on the financial condition of SIR; legislation and governmental regulation, including the cost and/or availability of labour as it relates to changes in minimum wage rates or other changes to labour legislation and forced closures of or other limits placed on restaurants and bars; laws affecting the sale and use of alcohol (including availability and enforcement); changes in cannabis laws; changes in environmental laws; privacy matters; accounting policies and practices; changes in tax laws; and the results of operations and financial condition of SIR. The foregoing list of factors is not exhaustive. Many of these issues can affect the Fund's or SIR's actual results and could cause their actual results to differ materially from those expressed or implied in any forward-looking statements made by, or on behalf of, the Fund or SIR. There can be no assurance that SIR will remain compliant in the future with all of its financial covenants under the Credit Agreement and imposed by the lender. Given these uncertainties, readers are cautioned that forward-looking statements are not guarantees of future performance and should not place undue reliance on them. The Fund and SIR expressly disclaim any obligation or undertaking to publicly disclose or release any updates or revisions to any forward-looking statements. Forward-looking statements are based on Management's current plans, estimates, projections, beliefs and opinions, and the Fund and SIR do not undertake any obligation to update forward-looking statements should assumptions related to these plans, estimates, projections, beliefs and opinions change, except as expressly required by applicable securities laws. All of the forward-looking statements made herein are qualified by these cautionary statements and other cautionary statements or factors contained herein, and there can be no assurance that the actual results or developments will be realized or, even if substantially realized, that they will have the expected consequences to, or effects on, the Fund or SIR. For more information concerning the Fund's risks and uncertainties, please refer to the March 13, 2025 Annual Information Form, for the period ended December 31, 2024, and the Fund's Q1 2025 MD&A, which are available under the Fund's profile at
Global News
06-05-2025
- Global News
Two men who intervened in Toronto bar fight on trial for manslaughter
The manager of a Jack Astor's restaurant in Toronto where a bar fight turned deadly testified that the accused were defending him after an unprovoked assault. Trevor Jaijairam was the Crown's first witness at the trial for Alexander Campbell and Tyler Josling jointly charged with manslaughter. Both have pleaded not guilty. On July 11, 2022, police were called to the Jack Astor's at Scarborough Town Centre for an assault in progress. When first responders arrived, they found 32-year-old Frank Harbalis suffering from life-threatening injuries. He was rushed to hospital where he died two days later. Jaijairam said Harbalis had earlier scaled the glass partition wall on the patio of the restaurant and in the process he had lost his cell phone and was looking for it. Jaijairam said he met with Harbalis who was trying to tell his side of the story, in the entrance of the restaurant. Story continues below advertisement 'I believe I asked him to leave a couple of times after handing him his cell phone. I allowed him to express his frustration,' Jaijairam recalled when he was suddenly punched in the face. He said he jumped back before Harbalis, who seemed to be intoxicated, suddenly lunged towards him and he ran off screaming for help. Video surveillance of the interaction was shown in court. 'I was shocked obviously. I'm not a physical guy myself. I didn't know if I had to retaliate myself. I was fearful not just for myself, also scared for my employees as well as the guests and customers in my restaurant,' Jaijairam explained. At one point, he said he pushed Harbalis off with both hands causing him to fall against a table. Jaijairam recalled Harbalis was able to get up off the ground before he picked up a chair and came towards him. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Video captured Jaijairam running into the restaurant before Harbalis can be seen wielding a chair. He testified he was screaming either 'help or stop' fearful as his attacker was coming towards him with the chair. The manager testified it's then that Campbell and Josling came in and helped subdue Harbalis but couldn't say if it was a tackle. 'There's grappling on the floor,' he said, adding he was holding his legs down by his ankles. 'He was laying flat on his stomach. I was at his feet,' said Jaijairam. Story continues below advertisement 'I remember saying thank you to both individuals.' During cross-examination, Campbell's lawyer, Peter Thorning asked if he was grateful for Campbell's help. 'One-thousand percent,' responded Jaijairam. When Thorning asked what would have happened if Campbell had not assisted, the manager responded 'I don't know. There would have been more physical altercation for sure. I don't want to speculate.' Jaijairam testified he believed his life was in danger. He also recalled a discussion about using an ethernet cable that someone brought over and he tried to wrap it around Harbalis' legs but they realized it was a piece of rubber and it wouldn't do anything. Josling's lawyer Marco Sciarra asked if anyone punched or kicked Harbalis when they held him down. Jaijairam replied no. 'At any point did you appreciate the injuries Harbalis suffered? There were no yells of distress?' asked Sciarra. 'Not to my recollection,' Jaijairam replied. Adrian Raghubeer, a customer who was at the restaurant that night testified he saw a man in red with a chair fending off three people. He went over and saw three people with one person on the floor before returning to his table. Raghubeer said he then went back to see what was going on because there was silence. Story continues below advertisement 'One person was choking. The other person was lifting the arms up,' Raghubeer said speaking about the man on the floor. Crown attorney Andrew Pilla asked him what Raghubeer heard. 'Put him to sleep,' he recalled. Pilla asked which person said that. 'The one who was lifting the hands up,' said Raghubeer who added at that point man on the ground was motionless. Raghubeer said he spoke to someone from Jack Astor's and asked for help because the man was either unconscious or not breathing. It's then he decided to call 911. The trial continues.
