Immediate suspension of horse racing licenses set aside; appellant acted in self-defense during altercation.
The appellant appealed the immediate suspension of his horse racing licenses following a physical altercation with another licensee at Woodbine Racetrack.
The Registrar suspended the licenses in the public interest after the appellant struck the other licensee with a shavings fork, resulting in a head injury and criminal charges.
The Tribunal found that the other licensee was the aggressor and the appellant acted in self-defense after attempting to withdraw from the conflict.
Concluding that the appellant did not pose an ongoing threat to public safety, the Tribunal set aside the Order of Immediate Suspension.
Driver's licence suspension confirmed due to mild-moderate alcohol use disorder affecting driving safety.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for medical reasons under section 47(1) of the Highway Traffic Act.
The suspension followed a roadside investigation and subsequent medical reports citing alcohol dependence and potential seizures.
The Licence Appeal Tribunal reviewed the medical evidence and found that the appellant did not suffer from a seizure disorder, sleep disorder, or other substance use disorder, but did suffer from mild-moderate alcohol use disorder.
Given the appellant's history of driving after consuming alcohol and lack of insight, the Tribunal concluded this condition was likely to significantly interfere with his ability to drive safely.
The suspension was confirmed.
Driver's licence suspension confirmed due to uncontrolled epilepsy and lack of medical insight.
The appellant appealed the suspension of his Class G driver's licence by the Registrar of Motor Vehicles.
The suspension was based on medical condition reports indicating the appellant suffered from frequent seizures due to epilepsy.
The appellant denied having recent seizures and refused to see a neurologist, despite objective medical evidence to the contrary.
The Licence Appeal Tribunal found that the appellant lacked insight into his condition and that his epilepsy was likely to significantly interfere with his ability to drive safely.
The Registrar's decision to suspend the licence was confirmed.
Driver's licence suspension set aside as Registrar failed to prove drug addiction.
The appellant's driver's licence was suspended by the Registrar of Motor Vehicles following a Medical Condition Report indicating drug dependence.
The appellant had been found unresponsive in his vehicle after taking extra prescribed Ativan and using cocaine once due to severe anxiety about an upcoming MRI.
The Licence Appeal Tribunal found that while the appellant was physically dependent on prescribed medications and exercised poor judgment, the Registrar failed to prove he was addicted to drugs to an extent likely to significantly interfere with his ability to drive safely.
The Tribunal set aside the licence suspension.
Driver's licence suspension set aside as evidence did not establish alcohol dependence or seizure disorder.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence under section 47(1) of the Highway Traffic Act.
The suspension was based on a Medical Condition Report citing alcohol dependence and seizures following an emergency department visit for a prescription drug overdose.
The Licence Appeal Tribunal found insufficient evidence to establish that the appellant was addicted to alcohol or suffered from a seizure disorder.
The Tribunal noted the overdose was an isolated incident triggered by acute stress, and the appellant's long-time physician supported the reinstatement of his licence.
The appeal was allowed and the licence suspension was set aside.
New home warranty appeal dismissed as basement ceiling height was not specified in the purchase agreement.
The appellants appealed a decision by Tarion Warranty Corporation denying their warranty claims regarding their custom-built home.
The primary issue was the basement ceiling height, which the appellants expected to be 9 feet based on marketing materials, but was built at an average of 7'5".
The Tribunal found that because the ceiling height was not specified in the Agreement of Purchase and Sale, it was not a warranted item and could not be treated as a substitution under the Act.
The Tribunal also dismissed the appellants' claims regarding interior and exterior finishes, electrical work, and the roof line, finding that the appellants failed to meet their burden of proving a breach of warranty or defective materials.
Fire Safety Commission largely upholds inspection orders requiring smoke alarms, fire safety plan, and Fire Code remediations at recovery centre.
The appellant, operating an addiction recovery centre, appealed four inspection orders issued by the respondent fire department.
The orders required the installation of smoke and carbon monoxide alarms, the submission of a fire safety plan, and the remediation of various Fire Code contraventions including damaged fire separations and obstructed means of egress.
The Fire Safety Commission confirmed the requirement for smoke alarms and a fire safety plan, finding them necessary to ensure fire safety regardless of the building's specific occupancy designation.
The Commission also confirmed most of the Fire Code remediation measures, but rescinded the requirement for a carbon monoxide detector and a metal dryer vent, and amended certain measures relating to fire separations and egress obstructions.
Driver's licence suspension appeal withdrawn by appellant at the start of the hearing.
The appellant appealed a decision by the Registrar of Motor Vehicles to suspend his driver's licence.
At the start of the hearing, the appellant withdrew his appeal, stating he intended to arrange a driving assessment and submit it to the Ministry for review before potentially bringing a fresh appeal.
The Tribunal concluded the proceeding and ordered the file closed.
Tribunal awards $9,500 for hardwood floor defects but dismisses warranty claims for marble tile fissures.
The appellants appealed a Tarion Warranty Corporation decision denying their warranty claims for hardwood flooring and marble tile defects in their new condominium unit.
The Licence Appeal Tribunal found that the hardwood floor cupping was caused by high humidity during a period when the builder had control of the unoccupied unit, constituting a breach of the warranty of workmanlike construction.
The Tribunal awarded $9,500 for floor repairs.
However, the Tribunal dismissed the marble claims, finding that the foyer crack was likely excluded due to concrete movement or was a common element issue, and the bathroom marks were naturally occurring fissures rather than warranted defects.
Liquor licence approved for indoor barn venue; objectors failed to prove public interest exception.
The appellant applied for a liquor licence for an indoor barn venue with a capacity of 300 persons, primarily to serve alcohol during a seasonal farmers market.
The Registrar issued a Notice of Proposal to review the application after receiving objections from residents concerned about past outdoor music festivals, noise, and zoning compliance.
The Licence Appeal Tribunal found that the objectors' concerns were speculative and related to past outdoor events rather than the proposed indoor venue.
The Tribunal concluded that the added party failed to prove that granting the licence was contrary to the public interest and directed the Registrar to approve the application without conditions.