Marc D’Amours

The appellant applied for a liquor licence for an additional licensed area (an outdoor patio) at its establishment in the Byward Market.

The Registrar issued a Notice of Proposal to review the application due to objections from the Lowertown Community Association.

The objector argued that increased licensed capacity in the area contributed to higher crime rates and requested conditions limiting capacity, hours, and music.

The Tribunal found insufficient evidence linking the specific application to increased crime and noted that capacity and noise are addressed by municipal bylaws.

The Tribunal directed the Registrar to approve the application without the requested conditions.

The appellant sought to appeal a 90-day motor vehicle impoundment under the Highway Traffic Act and required an extension of time to file the notice of appeal.

The Tribunal first set aside a previous dismissal caused by counsel's non-attendance, finding the delay was minimal.

However, the Tribunal denied the underlying motion for an extension of time, finding no bona fide intention to appeal within the prescribed period.

Furthermore, the appeal lacked merit because the appellant had a prior impoundment, statutorily barring him from relying on the ground of exceptional hardship.

The appellant, a licensed establishment, applied to remove conditions on its liquor licence that prohibited a patio and required doors and windows to remain closed.

The Registrar issued a Notice of Proposal to refuse the application due to objections from local residents.

The appellant argued that a change in ownership and a new business concept constituted a change in circumstances justifying the removal.

The Tribunal found that the conditions were originally imposed to regulate noise and protect the public interest.

Evidence from neighboring residents demonstrated ongoing noise issues, and the Tribunal concluded that removing the conditions would exacerbate the noise.

The Tribunal held that the appellant failed to establish a change in circumstances and directed the Registrar to refuse the removal of the conditions, while imposing a two-year limitation on further applications.

The appellant appealed the impoundment of its commercial trailer under section 50.3 of the Highway Traffic Act.

During a Level 2 inspection at a weigh station, the trailer's air brake system failed when the driver applied the brakes as directed by the officers, severing the air hose.

The officers deemed this a critical defect and impounded the vehicle.

The Licence Appeal Tribunal found that the brake system was operative prior to the inspection and failed suddenly during the inspection process.

Concluding that the regulatory scheme is meant to punish poor operators and remove unsafe vehicles from the highway, not to punish safe operators for sudden emergencies, the Tribunal ordered the release of the vehicle.

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

The Applicant's previous registration was revoked in 2003, and a subsequent application as a dealer was refused in 2010.

The Tribunal found that the Applicant failed to demonstrate new evidence or a material change in circumstances as required by section 12 of the Motor Vehicle Dealers Act.

The Tribunal directed the Registrar to carry out the proposal to refuse the registration.

The applicant appealed a decision by Tarion Warranty Corporation denying a warranty claim for a granite countertop in a newly purchased condominium.

The applicant had paid a premium for a specific granite slab and obtained a written endorsement from the supplier's salesperson that the finished product would not contain a visible vein.

The installed countertop contained a vein.

The Licence Appeal Tribunal found that the specific endorsement overrode the supplier's general disclaimer regarding natural stone variations.

The Tribunal concluded that the countertop was not free from defects, constituting a breach of warranty, and ordered Tarion to replace the countertop without any veins.