Avril A. Farlam

The appellant appealed the 45-day impoundment of her vehicle, which was seized after her son drove it without a valid licence.

The appellant, a 73-year-old widow living alone in a remote rural area, argued the impoundment caused exceptional hardship.

The Tribunal found that the appellant had no reasonable alternative transportation to access mail, groceries, medical care, and veterinary services.

Concluding that the loss of the vehicle posed a threat to her health and safety and caused immediate, significant, and lasting loss, the Tribunal ordered the release of the vehicle.

The Registrar issued a Notice of Proposal to revoke the registrations of a motor vehicle dealer and its sole director/salesperson.

The Tribunal found that the appellants engaged in past conduct that afforded reasonable grounds for belief that they would not carry on business in accordance with the law and with integrity and honesty.

Specifically, the appellants falsely represented odometer readings on three vehicles by rolling them back, failed to maintain required records, and failed to disclose material facts on bills of sale.

The Tribunal ordered the Registrar to carry out the proposal to revoke the registrations.

The appellant requested a reconsideration of an Animal Care Review Board decision that confirmed a statement of account for animal care costs in the amount of $37,424.44.

The appellant argued the Tribunal acted outside its jurisdiction, violated procedural fairness, and made errors of law and fact.

The Vice-Chair found no bias, procedural unfairness, or significant errors, except for a minor factual error regarding the date the appellant's liability for care costs ended following the forfeiture of the animals.

The decision was varied to deduct $307.00 for one day of care, resulting in a total payable amount of $37,117.44.

The balance of the reconsideration request was dismissed.

The appellant requested a reconsideration of a previous Tribunal decision that denied her payment out of the guarantee fund for a delay in occupancy of her condominium units.

The appellant sought to introduce new evidence and argued the Tribunal made an error of law or fact regarding the interpretation of the Tarion Addendum and the roof assembly date.

The Tribunal dismissed the request, finding that the proposed new evidence either was already considered or did not meet the test for admission, and that the appellant failed to establish any error of law or fact that would have changed the result.

The Tribunal noted that a reconsideration is not an opportunity to re-litigate a case.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to a report indicating he suffers from hypoglycemia.

The appellant failed to attend the continuation of his hearing and provided no medical evidence to contradict the emergency room physician's diagnosis.

The Tribunal applied the Canadian Council of Motor Transport Administrators Medical Standards for Drivers and found that the appellant's condition is likely to significantly interfere with his ability to drive safely.

The appeal was dismissed and the licence suspension was confirmed.

The appellants appealed a decision by Tarion Warranty Corporation regarding the quantum of damages for cosmetic damage to the exterior windows and doors of their new home.

The appellants sought full replacement of the windows and doors, arguing that painting the anodized aluminum would be an inferior remedy.

Tarion offered $19,239.35 for cleaning and electrostatically repainting the affected areas.

The Tribunal preferred the evidence of Tarion's expert, finding that electrostatic painting was a practical, efficient, and proportional remedy for the cosmetic damage.

The Tribunal concluded that the appellants failed to prove that full replacement was necessary and ordered Tarion to pay the $19,239.35 repair cost.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend her Class G driver's licence due to cognitive impairment.

The Registrar relied on medical reports from an emergency room physician and the appellant's family physician, as well as two failed functional driving assessments.

The appellant argued she was misdiagnosed and capable of driving safely.

The Licence Appeal Tribunal found that the medical evidence and the failed driving assessments established on a balance of probabilities that the appellant suffers from cognitive impairment likely to significantly interfere with her ability to drive safely.

The licence suspension was confirmed.

The appellant appealed the 45-day impoundment of her vehicle, which was seized when her cousin was caught driving it without a valid licence.

The appellant argued the vehicle was stolen by her cousin and that the impoundment caused exceptional hardship.

The Tribunal found insufficient evidence that the cousin intended to steal the vehicle, noting the appellant had left the keys with her sister.

The Tribunal also rejected the exceptional hardship claim, finding the appellant had alternatives to the impounded vehicle, such as walking, taxis, and rideshares, and that inconvenience could not be considered under the regulation.

The impoundment was confirmed.

The appellant requested a reconsideration of a Licence Appeal Tribunal decision that confirmed a 45-day impoundment of her vehicle under section 55.1 of the Highway Traffic Act.

The appellant argued that the Tribunal misunderstood her testimony and made false statements regarding her alternative transportation options and the impact of the impoundment on her health and employment.

The Tribunal dismissed the request, finding no errors of law or fact in the original decision.

The Tribunal also noted that the appellant failed to provide any new evidence that was not available at the original hearing and that her submissions were an attempt to re-litigate the case.

The appellant sought an extension of time to file an appeal of a 45-day vehicle impoundment under the Highway Traffic Act.

The Notice of Appeal was filed 15 days after the statutory deadline.

The appellant's mother, acting as his agent, argued the delay was due to the appellant's hospitalization and medical issues.

The Tribunal applied the four-factor test from Manuel v. Registrar and found insufficient evidence of a bona fide intention to appeal within the time limit, noting a lack of corroborating medical evidence.

The Tribunal also found the appeal was unlikely to succeed on the merits.

The motion for an extension of time was denied.

The appellant appealed the 45-day impoundment of his vehicle for driving while suspended, claiming exceptional hardship due to medical conditions.

The appellant failed to attend the teleconference hearing despite receiving notice.

The Tribunal proceeded in his absence and found that the appellant failed to meet his onus to establish exceptional hardship, noting he had alternatives to the impounded vehicle such as public transit.

The impoundment was confirmed.

The appellant appealed the 90-day impoundment of her vehicle, which was being driven by her mother whose driver's licence was suspended.

The appellant argued that the impoundment would cause exceptional hardship due to her medical condition and reliance on the vehicle.

The Tribunal found that the exceptional hardship ground of appeal was not available to the appellant under s. 50.2(4) of the Highway Traffic Act because she was the owner of the vehicle during a previous impoundment.

The impoundment was confirmed.

The appellants appealed an immediate suspension order issued by the Registrar under the Real Estate and Business Brokers Act, 2002.

The suspension was based on a shortfall of over $341,000 in the brokerage's trust account.

The Tribunal found that the Registrar established a prima facie case of the shortfall and that the appellants failed to provide an explanation or rectify it.

The Tribunal concluded that extending the immediate suspension order pending the full hearing was necessary in the public interest to protect consumer funds.

The appellant appealed two Statements of Account totaling over $66,000 issued by Animal Welfare Services for the care of 14 equines removed from her care.

The appellant failed to attend the hearing and provided no evidence to support her appeals.

The Board accepted the respondent's uncontested affidavit evidence demonstrating that the costs for boarding, veterinary care, and other necessaries were reasonable and necessary.

The Board confirmed both Statements of Account.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to a diagnosis of alcohol use disorder.

While the Tribunal found that the appellant does suffer from alcohol use disorder, it concluded that the condition is not likely to significantly interfere with his ability to drive safely.

Relying on medical reports from the appellant's treating physician, the Tribunal found that the appellant had committed to abstinence, adhered to a treatment plan, and demonstrated stability, justifying a departure from the CCMTA Medical Standards.

The appeal was allowed and the licence suspension was set aside.

The appellant appealed the 45-day impoundment of his vehicle under the Highway Traffic Act after his girlfriend was caught driving it without a valid licence.

The appellant argued that the impoundment would cause exceptional hardship as he needed the vehicle to commute to his job as a commercial truck driver from his remote residence, and to obtain groceries.

The Tribunal found that the appellant had no reasonable alternative transportation and that the loss of employment income would be immediate, significant, and lasting.

The appeal was allowed and the vehicle was ordered released.

The appellant sought compensation from the Travel Industry Compensation Fund after a cruise line went bankrupt.

The appellant had originally cancelled a June 2020 cruise due to the COVID-19 pandemic and accepted a future cruise payment as a goodwill gesture, which he used to book subsequent cruises.

The Licence Appeal Tribunal dismissed the appeal, finding the claim was excluded under s. 57(3)3 and 5 of O. Reg. 26/05 because the original travel services were not received due to the appellant's own cancellation, and the subsequent travel services were to be received through the redemption of a goodwill voucher.

The appellant appealed the 45-day impoundment of his vehicle under the Highway Traffic Act, arguing it would cause exceptional hardship to his construction business and family.

The Licence Appeal Tribunal found that the appellant had access to alternative transportation, including a second family vehicle, another contractor's truck, and delivery services.

Because alternatives were available, the Tribunal could not consider financial loss or inconvenience.

The appeal was dismissed and the impoundment was confirmed.

The appellant appealed the 45-day impoundment of her vehicle under the Highway Traffic Act, arguing that paying the impound fees would cause exceptional hardship.

The vehicle was impounded while being driven by her daughter, whose licence was suspended following an impaired driving conviction in Michigan.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant owned other vehicles and therefore had alternatives to the impounded vehicle.

Because an alternative was available, the Tribunal was precluded from considering financial hardship.

The appellant purchased three condominium units and claimed compensation from Tarion Warranty Corporation for delayed occupancy under the Ontario New Home Warranties Plan Act.

Tarion denied the claims, finding that occupancy was provided on the Firm Occupancy Date.

The appellant appealed to the Licence Appeal Tribunal, arguing that the builder failed to provide a notice of the Roof Assembly Date, which should have triggered a delayed occupancy claim.

The Tribunal dismissed the appeal, finding that the vendor provided occupancy on the Firm Occupancy Date of October 18, 2019, and the failure to provide a roof assembly notice did not entitle the appellant to the delayed occupancy warranty.

No costs were awarded.