Jim Kennelly

The Appellant appealed an Order of Monetary Penalty imposing $3,000 for three alleged contraventions of the Liquor Licence Act for permitting drunkenness and disorderly conduct.

As a preliminary matter, the Tribunal ordered the Registrar to disclose police notes and internal communications, applying Stinchcombe principles to administrative proceedings involving livelihood.

On the merits, the Tribunal found the evidence insufficient to prove the Appellant permitted an intoxicated patron to cause damage, permitted a removed patron to re-enter, or forced inspectors to leave for their safety.

The Tribunal set aside the alleged contraventions and the monetary penalties.

The applicants appealed a Notice of Proposal by the Registrar to revoke their motor vehicle dealer registrations.

The parties reached a settlement and applied for a consent order without a hearing under section 4.1 of the Statutory Powers Procedure Act.

The Licence Appeal Tribunal granted the consent order, concluding the proceedings on the basis of extensive terms and conditions agreed to by the parties, including compliance with the Motor Vehicle Dealers Act, 2002, maintaining proper books and records, and a two-year prohibition on consignment sales.

The applicant appealed the 15-day impoundment of a commercial trailer under the Highway Traffic Act.

The trailer was impounded after an inspection revealed that none of its four brakes were functioning due to a lack of movement on the push rods.

The applicant argued that the trailer was in good mechanical condition and the issue was caused by a faulty valve on the tractor.

The Tribunal found that regardless of the cause, the trailer had no functioning brakes at the time of inspection and was unsafe to drive.

The appeal was dismissed and the impoundment was confirmed.

The applicants sought an extension of time to appeal decision letters issued by Tarion Warranty Corporation regarding their new home warranty claims.

The applicants claimed they did not receive two of the letters and missed the 15-day appeal deadline.

The Licence Appeal Tribunal applied the four-part test for extending time and found no bona fide intention to appeal, no credible explanation for the delay, and no merit to the case.

The motion for an extension of time was dismissed.

The applicant appealed a Notice of Proposal by the Registrar to revoke his registration under the Motor Vehicle Dealers Act, 2002.

Following pre-hearing discussions, the parties reached a settlement agreement.

The Licence Appeal Tribunal ordered that the proceedings be disposed of without a hearing based on the agreed terms, which included the applicant completing a certification course, restrictions on his roles at a dealership, and strict disclosure obligations regarding vehicle history.