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Photo by Nick Brancaccio / Windsor Star

Noting the seven-day trial stretched over 12 months to accommodate the busy schedule of Level 3’s lawyer and that the bar refused to make any concessions which may have shortened the trial or avoided it altogether, Davies imposed $10,000 in additional penalties on top of $1,000 in costs.

Level 3 appealed the award. In a decision released last week, Divisional Court Justice Russell Raikes upheld the $25,000 award, but struck down the penalties. But the bar, which continued to argue the music Gordner was hearing did not originate from its premises, must still pay the $4,800 bill for a sound engineering company Gordner retained to prove otherwise.

Contacted Monday, Gordner said the appeal court awarded him everything he had been seeking. The original judge who heard the trial imposed the additional penalties without Gordner ever asking for them.

David Sundin, a lawyer at the firm Level 3 hired to argue the appeal, said Monday there are “wider implications” to the court’s decision.

“The decision is troubling, not only to Level 3, but to the entire entertainment industry in Windsor, and is potentially harmful to the economy of downtown Windsor,” Sundin said. He said Level 3 still does not believe it violated any city noise bylaws.

Sundin declined to comment on whether the bar will appeal further, saying only it is “reviewing its legal options.”