Kevin Kovalchuk

The appellant appealed the Minister of Transportation's decision to downgrade his commercial Class AZ driver's licence to a Class G licence due to a medical condition.

The Minister relied on medical reports indicating the appellant had a ventricular assist device (VAD) implanted for a heart condition, which under the CCMTA Medical Standards for Drivers disqualifies him from holding a commercial licence due to the risk of sudden incapacitation.

The Licence Appeal Tribunal, taking administrative notice of medical facts regarding VADs, found that the appellant suffers from a heart condition that is likely to significantly interfere with his ability to drive a commercial vehicle safely.

The Tribunal confirmed the Minister's decision to downgrade the licence.

The appellants appealed a decision by Tarion Warranty Corporation denying their claim for 30-day warranty coverage for several items in their new home, primarily focusing on knots and squeaking in the hardwood flooring, trim colour, and the placement of an air conditioning unit.

The Licence Appeal Tribunal found that the flooring issues were aesthetic and acceptable for character grade flooring, and that the appellants failed to prove any defects in workmanship or materials for the other items.

The appeal was dismissed and Tarion was ordered to deny the warranty claims.

The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle dealer.

The Registrar argued the appellant could not reasonably be expected to be financially responsible due to a recent consumer proposal and outstanding tax debts, which also constituted a breach of a prior registration condition.

The Licence Appeal Tribunal found that the appellant's financial mismanagement and breach of conditions posed a risk to consumers.

The Tribunal confirmed the Registrar's decision to refuse registration and declined to impose conditions.

The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle dealer.

The Registrar argued the appellant could not reasonably be expected to be financially responsible due to a recent consumer proposal and outstanding tax debts, which also constituted a breach of a prior registration condition.

The Licence Appeal Tribunal found that the appellant's financial mismanagement, insolvency, and failure to remit HST demonstrated a lack of financial responsibility and a breach of conditions.

The Tribunal confirmed the Registrar's decision to refuse registration and declined to impose conditions, finding they would not adequately protect consumers.

The appellant appealed the 45-day impoundment of her motor vehicle under section 50.2 of the Highway Traffic Act on the grounds of exceptional hardship.

The vehicle was impounded after the appellant's son was caught driving it without an ignition interlock device, contrary to a condition on his driver's licence.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant failed to prove that no reasonable alternative to the impounded vehicle was available, as she had access to vehicles owned by her husband and mother.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act, arguing it would cause exceptional hardship.

The vehicle was impounded after another driver was caught driving it with a suspended licence.

The Licence Appeal Tribunal dismissed the appeal, finding the appellant failed to prove there was no alternative to the impounded vehicle, as he owned four other licensed vehicles that he was already using for his business and personal needs.

The appellant appealed a Notice of Proposal to revoke his registration as a motor vehicle dealer and salesperson.

The Registrar alleged that the appellant allowed an unregistered salesperson to work at his car lot, demonstrating past conduct inconsistent with carrying on business with honesty, integrity, and in accordance with the law.

The Tribunal found that the unregistered individual held himself out as a salesperson, used the appellant's receipt book, and operated vehicles with the appellant's dealer plates.

The Tribunal concluded that the appellant knew or ought to have known of these activities, which resulted in consumer harm.

The Tribunal ordered the Registrar to carry out the proposal and revoke the appellant's registration.

The appellant appealed the 45-day impoundment of her motor vehicle, which occurred after her cousin was caught driving it with a suspended licence.

The Licence Appeal Tribunal dismissed the appeal, finding the appellant failed to exercise due diligence because she relied solely on the driver's verbal confirmation that he had a valid licence without checking physical or online records.

The Tribunal also found no exceptional hardship, as the appellant failed to prove that no alternative transportation options, such as public transit, taxis, or her second vehicle, were available.

The appellants appealed Tarion Warranty Corporation's denial of warranty coverage for approximately 146 items relating to their new build home.

The Licence Appeal Tribunal reviewed the claims under the 30-day, year-end, and second-year warranty forms.

The Tribunal found that the majority of the items did not constitute a breach of warranty, as the appellants failed to provide objective evidence of defects or the builder was permitted to make design changes under the Agreement of Purchase and Sale.

However, the Tribunal found breaches of warranty for five specific items, including a sloped concrete sill, defective floor tile, missing handheld shower, improperly installed garage door, and an inaccessible door latch.

Tarion was ordered to pay the appellants a total of $2,318.00 plus HST for these items, and the balance of the claims were dismissed.

The appellant towing company brought a motion for a stay of the Director's decision refusing to renew its Tow Operator and Vehicle Storage Certificates pending appeal, and for an order issuing interim certificates.

Applying the RJR-MacDonald test, the Tribunal found that while there was a serious issue to be tried, the appellant failed to establish irreparable harm and the balance of convenience favoured the public interest in highway safety, given the appellant's history of regulatory contraventions.

The Tribunal also held it lacked jurisdiction to order the issuance of interim certificates.

The motion was dismissed.

The Registrar issued a Notice of Proposal to revoke the appellants' registrations as a motor vehicle dealer and salesperson, along with an Immediate Temporary Suspension Order (ITSO).

The appellants appealed the proposal.

The Tribunal held a hearing to determine whether to extend the ITSO pending the conclusion of the appeal hearing.

The Registrar presented evidence of consumer complaints, including failure to disclose required engine repairs and failure to hold a $15,000 deposit in a trust account.

The Tribunal found a reasonable basis for the allegations and concluded it was in the public interest to extend the ITSO until the conclusion of the hearing.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend their Class G driver's licence for failing to submit a satisfactory medical report.

The Registrar brought a motion to dismiss the appeal for lack of jurisdiction.

The Licence Appeal Tribunal found that a licence suspension under section 32(5)(b)(ii) of the Highway Traffic Act is not an appealable decision under the applicable regulations.

The motion was granted and the appeal was dismissed for lack of jurisdiction.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that MRI findings of disc bulges and a diagnosis of sciatica warranted removal from the MIG.

The Tribunal found that the applicant failed to establish a causal link between the accident and the MRI findings or the sciatica.

As the applicant did not meet his burden of proof, he remained subject to the MIG limits, and his claims for physiotherapy treatment plans and a special award were dismissed.

The appellant appealed the Minister of Transportation's decision to extend his ignition interlock condition by six months.

The Minister brought a motion to dismiss the appeal for lack of jurisdiction, arguing the extension was not a decision under s. 32(5)(b)(i) or s. 47 of the Highway Traffic Act.

The Tribunal found the Minister failed to provide sufficient submissions explaining why the extension did not constitute a decision under s. 32(5)(b)(i).

As the hearing on the merits was imminent, the Tribunal adjourned the motion to be decided by the adjudicator assigned to the main hearing.

The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act after her son was caught driving it with a suspended licence.

The appellant argued the vehicle was stolen at the time of the impoundment.

The Tribunal found that the son took the vehicle without the appellant's consent while she was asleep, and intended to temporarily deprive her of it.

The Tribunal ordered the Registrar to release the impounded vehicle.

The appellant appealed the 45-day impoundment of her motor vehicle under section 50.2 of the Highway Traffic Act.

The vehicle was impounded after another individual was caught driving it with a suspended licence.

The appellant argued that the impoundment caused exceptional hardship.

The Tribunal found that the appellant had no alternative transportation and that the impoundment posed a threat to the health and safety of her and her children, as it prevented access to affordable groceries, medical and dental appointments, and safe transportation to school.

The Tribunal ordered the Registrar to release the impounded vehicle.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act.

The vehicle was impounded because the appellant was driving without an ignition interlock device, contrary to a condition on his driver's licence.

The Tribunal found that the appellant admitted to driving the vehicle without the required device.

Furthermore, the appellant failed to establish exceptional hardship, as he had reasonable alternatives to the impounded vehicle, such as walking, getting rides from friends, and taking taxicabs.

The appeal was dismissed and the impoundment was confirmed.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act.

The vehicle was impounded after the driver, the former abusive partner of the appellant's daughter, was caught driving with a suspended licence.

The appellant first brought a motion to extend the time to file the appeal, which was granted due to postal disruptions and the appellant successfully rebutting the deemed service provision.

On the merits, the Tribunal found that the vehicle was stolen at the time of impoundment, as the driver took the keys from the daughter's purse without consent and intended to temporarily deprive her of the vehicle.

The Registrar was ordered to release the vehicle.

The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing it would cause exceptional hardship.

The vehicle was impounded after being driven by an individual with a suspended licence.

The Tribunal found that the appellant failed to establish that there was no alternative to the impounded vehicle, as she and her husband had been relying on friends and neighbours for transportation since their licences expired or were suspended in 2023.

The appeal was dismissed and the impoundment was confirmed.

The appellant appealed the 45-day impoundment of her motor vehicle, which occurred after another driver was caught driving it with a suspended licence.

The appellant argued the impoundment would cause exceptional hardship.

The Licence Appeal Tribunal dismissed the appeal, finding the appellant failed to demonstrate that there was no alternative to the impounded vehicle, as she was able to use ride-sharing services, get rides from a friend, and potentially rent a vehicle.