Consent order issued resolving appeal of travel agency registration revocation subject to compliance conditions.
The Registrar issued a Notice of Proposal to revoke the registration of the applicant travel agency under the Travel Industry Act, 2002 for failing to file financial statements and trust account reconciliations.
The applicant appealed to the Licence Appeal Tribunal.
The parties reached a settlement and requested a consent order without a hearing under section 4.1 of the Statutory Powers Procedure Act.
The Tribunal issued the consent order, incorporating the Minutes of Settlement which require the applicant to submit monthly trust reconciliations, file annual financial statements, and maintain minimum working capital.
Tribunal directs Registrar to grant motor vehicle dealer registrations despite applicant's failure to disclose personal debt.
The Registrar issued a Notice of Proposal to revoke the registration of Lifetime General as a motor vehicle dealer and to refuse registration to LTG Auto Sales Ltd. and Ahmed Salami as a salesperson, citing financial irresponsibility and failure to disclose a personal judgment.
The Licence Appeal Tribunal found that the applicant's personal debt and inadvertent failure to disclose did not afford reasonable grounds to believe he would not carry on business with integrity and honesty.
The Tribunal directed the Registrar to grant and continue the registrations subject to terms and conditions, including mandatory disclosure and completion of a certification course.
Consent order issued imposing conditions on applicant's motor vehicle salesperson registration.
The applicant appealed a Notice of Proposal by the Registrar to refuse his registration under the Motor Vehicle Dealers Act, 2002.
The parties reached a settlement and applied for a consent order without a hearing.
The Licence Appeal Tribunal issued the consent order, imposing conditions on the applicant's registration as a salesperson, including restrictions on his trading activities, disclosure requirements, and compliance with his probation order.
Appeal of registration revocation resolved by consent order imposing strict compliance conditions on motor vehicle dealer.
The applicants appealed a Notice of Proposal by the Registrar to revoke and suspend their motor vehicle dealer registration.
The Licence Appeal Tribunal ordered the proceedings concluded based on the agreed terms, which included strict conditions on the applicants' registration, books and records, premises, and disclosure obligations.
Consent order issued revoking children's residence licence following withdrawal of appeal.
The applicant appealed the Director's proposal to revoke and amend the licence of the Giizhikaandag Healing Centre.
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 issued the consent order, under which the appeal was withdrawn, the applicant agreed to the revocation of the licence, and the applicant agreed to comply with statutory record-keeping requirements.
Motion for extension of time to appeal vehicle impoundment dismissed due to applicant's failure to attend.
The applicant brought a motion for an extension of time to appeal the impoundment of her vehicle under the Highway Traffic Act.
The applicant failed to attend the teleconference hearing despite being notified.
The Tribunal considered the four factors for an extension of time and found that the applicant failed to demonstrate a bona fide intention to appeal or explain the delay.
Given the applicant's failure to participate and the fact that she was driving while suspended at the time of impoundment, the Tribunal dismissed the motion.
Liquor licence application approved subject to 18 operating conditions agreed upon by the parties.
The applicant applied for a liquor licence for a pizzeria.
The Registrar issued a Notice of Proposal to review the application after receiving written objections from residents.
At the hearing, the parties presented a settlement agreement withdrawing the objections on the condition that 18 specific operating conditions be attached to the licence.
The Tribunal approved the application subject to the agreed-upon conditions.
Salesperson's registration retained despite criminal conviction for marijuana production, subject to reporting conditions.
The applicant, a registered motor vehicle salesperson, appealed a Notice of Proposal by the Registrar to revoke his registration.
The proposal was based on the applicant's criminal conviction for producing a controlled substance (a marijuana grow operation) and his subsequent conditional sentence.
The Registrar argued this conduct afforded reasonable grounds to believe the applicant would not carry on business with honesty and integrity.
The Licence Appeal Tribunal found that the conduct was out of character, the applicant had strong support from his employers, and he had expressed genuine remorse.
The Tribunal directed the Registrar not to carry out the proposal, allowing the applicant to retain his registration subject to conditions requiring him to report any future charges.
Motion to extend time to appeal Tarion decision dismissed due to prior binding settlement and release.
The applicants brought a motion for an extension of time to appeal a decision letter from Tarion Warranty Corporation regarding new home warranty claims.
The parties had previously executed a settlement agreement and release in December 2010 covering the claims at issue.
Applying the four-factor test for extending time, the Tribunal found the delay was unexplained, the respondent would be prejudiced by reopening settled claims, and the appeal lacked merit due to the binding release.
The motion was dismissed and costs of $400 were awarded to the respondent.
Consent order issued resolving proposal to revoke travel agency registration, requiring customer refunds for cancelled flights.
The Registrar issued a Notice of Proposal to revoke the registration of EZjet Airways Corp as a travel agent and wholesaler, along with an order freezing its funds, after its air carrier terminated their contract and cancelled flights.
The parties reached a settlement, and the Tribunal issued a consent order incorporating the Minutes of Settlement.
The settlement revoked the freeze order to allow the applicant to refund customers for unprovided travel services, subject to strict reporting and operational conditions, including a prohibition on new sales until all refunds are completed.
Tribunal lacks jurisdiction to hear appeal of driver's licence suspension under s. 32(5)(b)(ii) of the Highway Traffic Act.
The applicant appealed a decision by the Registrar of Motor Vehicles to suspend his driver's licence due to his visual field not meeting minimum requirements under section 32(5)(b)(ii) of the Highway Traffic Act.
The Licence Appeal Tribunal held a hearing to determine if it had jurisdiction to hear the appeal.
The Tribunal found that under section 50 of the Act and the applicable regulations, it only has jurisdiction to hear appeals from decisions made under sub-clause 32(5)(b)(i), not sub-clause (ii).
Consequently, the Tribunal ruled it had no jurisdiction and dismissed the appeal as a nullity.
The Registrar's motion for costs was also refused, as the Tribunal found the self-represented applicant did not act frivolously or vexatiously in pursuing the appeal.
Consent order issued incorporating settlement terms regarding motor vehicle dealer registration conditions and compliance.
The applicants appealed a Notice of Proposal by the Registrar under the Motor Vehicle Dealers Act, 2002 to suspend their registrations.
The parties reached a settlement and applied for a consent order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.
The Licence Appeal Tribunal issued a consent order incorporating the terms of the settlement, which included strict conditions on the applicants' business practices, record-keeping, advertising, disclosure obligations, and a requirement to complete the OMVIC Automotive Certification Course.
Liquor licence for outdoor patio approved with conditions despite neighbourhood objections regarding noise and safety.
The applicant sought a liquor licence for an additional outdoor patio area.
Local residents objected, citing concerns about noise, public drunkenness, and safety in the adjacent parkette.
The Tribunal found that the objectors did not meet the onus to prove that issuing the licence was not in the public interest, as the evidence of disorderly conduct could not be directly attributed to the applicant's patrons.
The Tribunal approved the application subject to several conditions, including restricted hours, noise controls, and cleanliness requirements, to mitigate the impact on the neighbourhood.
Liquor licence application for additional outdoor area approved on consent with conditions after objectors relocated.
The applicant appealed a Notice of Proposal to review its application for an additional outdoor licensed area due to objections.
At the hearing, no objectors attended.
The applicant reached an agreement with the local residents' association to attach four conditions to the licence, and provided evidence that the individual objectors had moved away.
The Tribunal approved the application subject to the agreed conditions.
Consent order issued resolving proposal to revoke motor vehicle dealer registration with 90-day suspension.
The applicant appealed a Notice of Proposal by the Registrar to revoke their registration under the Motor Vehicle Dealers Act, 2002.
The Licence Appeal Tribunal issued the consent order, which included a 90-day interim suspension and restricted the applicant's registration to the 'Wholesaler' class, along with various other compliance terms.
Vehicle impoundment upheld; verbal agreement not to drive insufficient for due diligence.
The applicant appealed the 45-day impoundment of her vehicle after her husband was caught driving it with a suspended licence.
She argued that she exercised due diligence by having a verbal agreement with him not to drive, and that the impoundment caused exceptional hardship because the vehicle was used for a mobile car repair business.
The Licence Appeal Tribunal dismissed the appeal, finding that the applicant took no positive steps to prevent her husband from accessing the keys, and that there was insufficient evidence to prove the impoundment would cause immediate, significant, and lasting financial loss.
Adjournment of liquor licence revocation hearing granted due to applicant's medical issues and unrepresented status.
The Registrar of Alcohol and Gaming issued a Notice of Proposal to revoke the applicant's liquor licence.
During the hearing, the applicant's agent requested an adjournment because the applicant's principal was hospitalized and had not yet retained legal representation.
The respondent noted outstanding disclosure issues and its intention to issue a further amended Notice of Proposal.
The Tribunal granted the adjournment, setting a peremptory hearing date and establishing deadlines for the respondent to serve any amended Notice of Proposal and motion materials.
Liquor licence application approved on consent with conditions restricting hours of sale and service.
The applicant, Hawker Bar Inc., applied for a liquor licence.
The Registrar of Alcohol and Gaming issued a Notice of Proposal to review the application.
At a pre-hearing, the City of Toronto and resident objectors were granted party status.
The parties reached an agreement to attach conditions to the licence, including that the sale and service of alcohol and food shall cease at 2 a.m.
Based on this agreement, the objectors withdrew their objections and the City consented to the application.
The Tribunal disposed of the matter without a hearing and approved the liquor licence application subject to the agreed conditions.
Adjournment of liquor licence suspension hearing granted on consent pending related Divisional Court appeal.
The applicant brought a motion to adjourn the hearing of its appeal of a Notice of Proposal to suspend its liquor licence.
The adjournment was requested because the applicant had appealed a previous Tribunal decision to the Divisional Court involving similar issues of law regarding the interpretation of section 45(1) of Ontario Regulation 719/90.
The respondent consented to the adjournment.
The Tribunal granted the adjournment on consent, subject to conditions ensuring the timely perfection of the Divisional Court appeal.
Monetary penalty for permitting drunkenness set aside due to extenuating circumstances involving off-duty employee's safety.
The Registrar of Alcohol and Gaming imposed a monetary penalty on the applicant licensee for allegedly permitting drunkenness on its premises, contrary to s. 45(1) of Ontario Regulation 719/90.
An off-duty employee arrived at the establishment in an intoxicated state and was permitted entry by the owner on the condition that she wait in the staffroom for a ride home, out of concern for her safety.
The Licence Appeal Tribunal found that, given the extenuating circumstances and the licensee's obligations, the licensee did not 'permit drunkenness' within the meaning of the legislation.
The allegation was dismissed and the monetary penalty was set aside.