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Tesar loses appeal for mischief conviction

Dec 9, 2010 | 5:26 AM

A Court of Queen’s Bench judge has upheld a mischief conviction against the owner of the Belly-Up Bar for offences that occurred over a seven month period in 2007 and 2008.

Josef Tesar launched an appeal following his guilty conviction in July 2009 for two counts of mischief, and one count of breach of undertaking for failing to keep the peace. He received a six-month conditional discharge for the offences.

Tesar’s Lawyer, Peter Abrametz Sr., said there are grounds to appeal the decision but has yet to consult with his client.

The charges were laid in 2008 after numerous complaints from a neighbor were made about noise from the bar and about Tesar shinning his car’s lights into the home.

The neighbour’s home is located next an empty lot that’s been the source of an ongoing debate over Tesar’s attempts to turn the property into a parking lot for patrons of his bar.

Earlier this year the city granted Tesar’s request for a parking lot providing a list of eight conditions are met. One of those conditions is to have a security guard patrolling the lot Friday and Saturday nights.

As it stands, the lot remains vacant with concrete blocks located at both ends.

bbosker@panow.com