Patricia McQuaid

The appellant appealed the 45-day impoundment of her vehicle under the Highway Traffic Act, arguing it was stolen by her son at the time it was detained.

The appellant's son, whose licence was suspended for impaired driving, took the vehicle without her knowledge or consent while she was out of town.

The Tribunal found the appellant's evidence credible and concluded the vehicle was taken without consent, meeting the definition of 'stolen' under section 50.2(3)(a).

The Registrar was ordered to release the vehicle.

The appellant appealed the 45-day impoundment of her vehicle under section 50.2 of the Highway Traffic Act, arguing that the impoundment caused exceptional hardship.

The appellant, a single mother on ODSP with limited mobility, required the vehicle to attend medical appointments for herself and her son, who has significant disabilities.

The Licence Appeal Tribunal found that there was no reasonable alternative to the impounded vehicle and that the impoundment posed a threat to the health and safety of the appellant and her son.

The appeal was allowed and the Registrar was ordered to release the vehicle.

The appellant appealed the Registrar's Notice of Proposal to refuse his registration as a real estate salesperson.

His previous registration was revoked in 2014 due to professional misconduct.

Under section 17 of the Real Estate and Business Brokers Act, 2002, the appellant was required to demonstrate a material change in circumstances to reapply.

While the Tribunal accepted evidence from the appellant's family and a psychologist that he had made positive personal and lifestyle changes, it found this insufficient to prove he could transfer these changes to a high-pressure real estate work environment.

The appeal was dismissed and the Registrar was directed to carry out the proposal to refuse registration.

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.

The appellant appealed the Registrar's Notice of Proposal to refuse his registration as a motor vehicle salesperson.

The Registrar based the refusal on the appellant's past financial conduct, including a bankruptcy and the disappearance of a financed vehicle, as well as false statements made on his application.

The Tribunal found that the appellant's past conduct afforded reasonable grounds to believe he would not carry on business with integrity and honesty, and that he knowingly made false statements on his application.

The Tribunal directed the Registrar to carry out the proposal to refuse registration, finding that conditions would not sufficiently address the concerns.

The appellant appealed a decision of the Travel Industry Council of Ontario (TICO) refusing his claim for $8,331 from the Travel Industry Compensation Fund following the failure of a travel agent.

The appellant claimed the funds were a deposit for a future trip to Cuba, but the evidence presented significant discrepancies regarding the nature of the travel services purchased.

The Licence Appeal Tribunal found that the appellant failed to provide credible and reliable evidence that the payment was for a travel service, as required by the Regulation, and dismissed the appeal.

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.

The appellant, a licensed jockey, appealed an Order of Immediate Suspension and a Notice of Proposed Order to Revoke a Licence issued by the Registrar of Alcohol, Gaming and Racing.

The Registrar's actions were based on allegations that the appellant threatened another jockey and a horse owner, used profanity toward racing officials, and caused property damage.

The Licence Appeal Tribunal found that the appellant's comments to the other jockey were 'trash talk' and did not pose a danger to health and safety.

While the appellant's subsequent actions toward the owner and officials were inappropriate, the Tribunal concluded that the statutory test for revocation was not met.

The Tribunal directed the Registrar not to carry out the revocation and set aside the immediate suspension.

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

The refusal was based on an outstanding warrant for the Appellant's arrest in Alberta related to a common assault charge and failure to attend court.

The Tribunal found that the Appellant had an unblemished record in the auto sales industry and that the outstanding charge did not raise concerns about his integrity and honesty when dealing with consumers.

The Tribunal directed the Registrar to register the Appellant, subject to a condition that he deal with the outstanding matters in Alberta within 12 months.

The Appellant appealed a Notice of Proposal by the Registrar to refuse to renew its registration as a vendor/builder under the Ontario New Home Warranties Plan Act.

The Registrar alleged the Appellant lacked sufficient technical competence due to a poor customer service record and a high rate of chargeable conciliations, and lacked financial responsibility due to failing to provide financial statements and pay outstanding fees.

The Tribunal found that the Appellant had a record of breaches of warranties, lacked technical competence to consistently perform warranties, and could not reasonably be expected to be financially responsible.

The appeal was dismissed and the Registrar's proposal to refuse renewal was upheld.

The appellant appealed the 45-day impoundment of her motor vehicle under section 50.2 of the Highway Traffic Act, arguing that the impoundment would result in exceptional hardship.

The vehicle was impounded after the appellant lent it to a friend who was driving with a suspended licence.

The appellant, a single mother living in a rural area, argued she needed the vehicle for work and family activities.

The Licence Appeal Tribunal dismissed the appeal, finding that while the impoundment caused inconvenience and financial cost, the appellant failed to demonstrate that there was no alternative to the impounded vehicle, as she had been able to use taxis and rely on friends for transportation.

The Registrar issued a Notice of Proposal to refuse the registration of AM Auto as a motor vehicle dealer and to revoke the registration of Abdul Majeed as a salesperson.

An OMVIC inspection revealed a pattern of material non-disclosure regarding the accident and repair history of used vehicles sold by the dealership.

The Licence Appeal Tribunal found that the appellants' failure to disclose material facts to consumers and other dealers, along with poor record-keeping, afforded reasonable grounds to believe they would not carry on business in accordance with the law and with integrity and honesty.

The Tribunal directed the Registrar to carry out the proposal.

The appellant appealed a proposal by the Registrar to refuse his registration as a real estate salesperson.

The Registrar's proposal was based on the appellant's past criminal convictions for tax evasion, unregistered trading in motor vehicles, bankruptcy, and a previous revocation of his motor vehicle salesperson registration.

The Licence Appeal Tribunal found that the appellant's financial position and past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with the law and with integrity and honesty.

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

The appellant appealed the 45-day impoundment of his motor vehicle under section 50.2 of the Highway Traffic Act, arguing exceptional hardship.

The appellant, a 67-year-old First Nations man living in a remote northern community, was caught driving while suspended after taking over driving from his anxious wife during a winter storm.

The Tribunal found that the appellant and his wife had no reasonable alternative to the impounded vehicle, as they relied on it for basic necessities like water and wood in a community with no public transit or 911 service.

The Tribunal concluded that the impoundment posed a threat to the health and safety of the appellant's wife and ordered the Registrar to release the vehicle.

The Registrar of Alcohol and Gaming proposed to suspend the appellant's liquor licence for 30 days.

The appellant admitted to several violations of the Regulation, including overcrowding and failure to clear signs of service.

The remaining issues were whether the appellant permitted drunkenness on its premises on two separate dates.

The Tribunal found that the appellant permitted drunkenness on September 13, 2015, as the patron was visibly intoxicated and the appellant failed to take action until prompted by inspectors.

However, the Tribunal dismissed the allegation for January 31, 2016, due to insufficient evidence that the appellant knew or ought to have known of the patron's drunkenness.

Written submissions on sanction were requested.

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

The vehicle was impounded after the appellant's boyfriend, whose licence was suspended for a Criminal Code conviction, was caught driving it.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant had reasonable alternatives to the vehicle, such as public transit and walking, and that the inconvenience and financial burden did not meet the strict statutory threshold for exceptional hardship.

The Appellant condominium corporation appealed a decision by Tarion Warranty Corporation disallowing a first-year warranty claim for foundation leaks.

The Appellant argued that the builder failed to install dampproofing and drainage layers to ground level, contrary to the Ontario Building Code.

Tarion and the builder argued the claim was invalid because it was originally characterized as a lack of 'waterproofing' and that the installation met the functional intent of the Code.

The Licence Appeal Tribunal allowed the appeal, finding that the defect was sufficiently identified within the warranty period and that terminating the materials below ground level violated the Code and caused leaks.

Tarion was ordered to ensure the necessary repairs are completed.

The appellants appealed a decision by Tarion Warranty Corporation denying their year-end warranty claim for defective carpet.

Tarion denied the claim because the appellants failed to request a conciliation inspection within the regulatory time period.

The Licence Appeal Tribunal found that the appellants had continued to work with the builder to resolve the issue and were unaware of the builder's final refusal until after the deadline had passed.

The Tribunal held that these facts constituted extraordinary circumstances under section 5.10 of the Regulation and ordered Tarion to extend the time limit and assess the claim on its merits.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to refuse to renew the appellant's liquor sales licence.

The appellant appealed to the Licence Appeal Tribunal.

At the hearing, the parties reached a settlement agreement wherein the appellant withdrew its appeal, and the Registrar undertook to treat any future application within eight months as an application to reinstate the licence, provided the appellant regains possession of the premises.

The matter was concluded on this basis.

The appellants appealed the Travel Industry Council of Ontario's decision to deny their claims for compensation from the Travel Industry Compensation Fund.

The appellants had paid for airline tickets through an employee of a registered travel agency, but the agency failed and the tickets were never provided.

TICO denied the claims because the payments were deposited into third-party accounts and lacked proper receipts.

The Licence Appeal Tribunal allowed the appeals, finding that the appellants reasonably believed they were paying a registered travel agent and that their credible oral testimony corroborated the available documentation.

The Tribunal ordered TICO to reimburse the appellants in full.