Motor vehicle dealer registration granted on consent subject to strict conditions including a letter of credit.
The appellant appealed a Notice of Proposal by the Registrar to refuse registration under the Motor Vehicle Dealers Act, 2002.
The parties reached a settlement and requested a consent order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.
The Licence Appeal Tribunal ordered that the appellant be registered as a motor vehicle dealer subject to numerous conditions, including employing an approved registered salesperson, providing a $20,000 irrevocable letter of credit, and complying with strict business, financial, and disclosure requirements.
Motion to extend time to appeal licence refusal denied due to unexplained 16-month delay.
The appellant brought a motion to extend the time to file an appeal of a Proposal to refuse to issue a motor vehicle inspection station licence and to refuse to register him as a mechanic.
The appeal was filed almost 16 months after the deadline.
Applying the Manuel factors, the Tribunal found no bona fide intention to appeal within the time limit, an excessive and largely unexplained delay, and insufficient evidence of merit to justify the extension.
The motion for an extension of time was denied.
Consent order issued resolving appeal of proposal to revoke travel agent registration.
The Registrar issued a Notice of Proposal to revoke the registration of Temple and Temple Tours Inc. under the Travel Industry Act, 2002 for failing to maintain minimum working capital.
The appellant appealed to the Licence Appeal Tribunal.
The parties reached a settlement and requested a consent order disposing of the proceedings 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 required the appellant to maintain its trust account, submit monthly trust reconciliations, file financial statements, and maintain minimum working capital.
Tribunal overturns revocation of gaming assistant registration, finding past conduct did not demonstrate lack of integrity.
The Registrar of Alcohol and Gaming issued a Notice of Proposed Order to revoke the appellant's registration as a gaming assistant, relying on her past conduct during an investigation into criminal charges that were ultimately withdrawn.
The appellant appealed the proposed order.
The Licence Appeal Tribunal found that the appellant's unassailable ten-year work record and the withdrawal of the criminal charges outweighed the Registrar's concerns regarding her credibility in a previous hearing.
The Tribunal concluded there were no reasonable grounds to believe the appellant would not act with integrity, honesty, or in the public interest, and directed the Registrar not to carry out the proposed order.
The Registrar issued a Notice of Proposal to revoke the travel agent registration of Akkiratourz Ltd. for failing to file financial statements and maintain minimum working capital.
The registrant appealed to the Licence Appeal Tribunal.
The parties reached a settlement and requested a consent order disposing of the proceedings without a hearing.
The Tribunal issued the consent order, incorporating the Minutes of Settlement which required the registrant to file financial statements, maintain minimum working capital, and comply with trust account requirements.
Consent order issued imposing conditions on motor vehicle salesperson's registration in lieu of revocation.
The appellant appealed a Notice of Proposal by the Registrar to revoke his registration under the Motor Vehicle Dealers Act, 2002.
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 the consent order, which required the appellant to complete an automotive certification course, restricted him from being a final signatory on sales or lease contracts for two years, and imposed conditions on transferring his registration and disclosing material facts about motor vehicles.
Motor vehicle impoundment appeal dismissed; financial cost and inconvenience do not constitute exceptional hardship.
The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing exceptional hardship.
She had lent her vehicle to a friend who, unbeknownst to her, was a suspended driver.
The appellant, a single mother of two, argued that the impoundment caused extreme financial hardship and inconvenience due to childcare and work transportation needs.
The Licence Appeal Tribunal dismissed the appeal, finding that while the appellant faced inconvenience and financial cost, she had an alternative means of transportation (taxicabs) and did not meet the strict statutory criteria for exceptional hardship.
Consent order issued resolving appeal of Registrar's proposal to refuse motor vehicle dealer registration.
The Licence Appeal Tribunal issued a consent order incorporating the settlement terms, which included the appellant agreeing not to apply to be a dealer for two years, working only for a franchise dealer, and not holding any management or control positions in a dealership for two years.
Vehicle impoundment appeal dismissed as appellant failed to establish exceptional hardship.
The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing that the impoundment caused exceptional hardship.
The vehicle was impounded after the appellant's mother was caught driving it with a suspended licence.
The Licence Appeal Tribunal found that the appellant had alternative transportation available to get to her two jobs, despite the inconvenience.
As the criteria for exceptional hardship under O. Reg. 631/98 were not met, the appeal was dismissed and the impoundment was confirmed.
Travel agent registration maintained subject to strict financial and trust accounting conditions on consent.
The Registrar issued a Notice of Proposal to revoke the travel agent registration of ISX International Student Exchange of Canada Ltd. due to failures to file financial statements and non-compliance with working capital and trust account requirements.
The parties reached a settlement and the Tribunal issued a consent order without a hearing, allowing the registrant to maintain its registration subject to strict reporting, trust accounting, and working capital conditions.
Consent Order issued attaching terms and conditions to appellant's registration as a motor vehicle salesperson.
The appellant 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, attaching terms and conditions to the appellant's registration as a motor vehicle salesperson, including restrictions on his role in dealerships and a requirement to repay a $41,000 debt to the Motor Vehicle Dealers Compensation Fund.
Consent order issued imposing terms and conditions on motor vehicle dealer's registration.
The Licence Appeal Tribunal issued the consent order, imposing terms and conditions on the appellant's registration, including requirements to disclose findings of guilt, comply with a consumer proposal, and refrain from holding a controlling interest in a dealership.
Stay of registration revocation granted pending appeal, subject to strict supervision conditions.
The Appellant brought a motion to stay the Tribunal's order revoking his registration as a real estate broker pending his appeal to the Divisional Court.
The Tribunal applied the three-part RJR MacDonald test.
While the Appellant established a serious issue to be tried and the balance of convenience favoured him, he failed to establish irreparable harm.
However, weighing the elements holistically, the Tribunal concluded the overall justice of the matter favoured granting the stay.
The stay was granted for nine months, with the Appellant's registration reinstated subject to strict conditions, including close supervision.
Consent order issued granting motor vehicle dealer registration subject to three-year terms and conditions.
The Licence Appeal Tribunal issued the consent order, imposing terms and conditions on the appellant's registration for a period of three years, including requirements to comply with the Act, notify the Registrar of changes, and not act as a controlling mind of a dealer without consent.
Consent Order issued resolving appeal of travel agency registration renewal refusal based on settlement terms.
The appellant travel agency appealed a Notice of Proposal by the Registrar to refuse to renew its registration under the Travel Industry Act, 2002.
The Licence Appeal Tribunal issued the Consent Order, incorporating the Minutes of Settlement which required the appellant to maintain its trust account properly, file annual financial statements, respond to inquiries promptly, and maintain minimum working capital.
Consent order issued imposing strict record-keeping and vehicle registration conditions on motor vehicle dealer.
The Appellants appealed a Notice of Proposal by the Registrar to revoke their registrations under the Motor Vehicle Dealers Act, 2002.
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, which imposed terms and conditions on the Appellants, including strict requirements for record-keeping, vehicle registration, and compliance with the Registrar's Standards of Business Practice.
Consent order issued imposing conditions on motor vehicle dealer registrations in lieu of revocation.
The appellants appealed a Notice of Proposal by the Registrar to refuse and revoke their registrations 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 appellants' registrations, including prohibiting the involvement of a specific individual in the dealership and requiring compliance with the Registrar's Standards of Business Practice.
Consent order issued resolving travel agent registration appeal subject to financial reporting and capital conditions.
The Registrar issued a Notice of Proposal to revoke the registration of Affinity Travel and Consulting Services Inc. under the Travel Industry Act, 2002, citing failure to file financial statements and correct a working capital deficiency.
The travel agent appealed to the Licence Appeal Tribunal.
The parties reached a settlement and requested a consent order without a hearing.
The Tribunal issued the consent order, requiring the travel agent to maintain its trust account, file annual financial statements, and maintain minimum working capital.
Motion for stay of $10,000 administrative penalty dismissed; appellant failed to demonstrate irreparable harm.
The appellants sought a stay of an Order to Pay an Administrative Penalty of $10,000 issued by the Registrar of the Retirement Homes Regulatory Authority for allegedly operating an unlicensed retirement home.
Applying the RJR MacDonald test, the Tribunal found there was a serious issue to be tried but concluded the appellants failed to demonstrate irreparable harm, as the penalty funds would be held and reimbursed if the appeal succeeded.
The Tribunal also found the balance of convenience and public interest weighed against granting a stay, given the regulatory scheme's focus on protecting vulnerable residents.
The motion for a stay was dismissed.
The Registrar issued a Notice of Proposal to revoke or refuse to renew the registration of Skymoon Travels & Tours Ltd. under the Travel Industry Act, 2002, citing failure to file Form 1 and correct a working capital deficiency.
The Tribunal issued the consent order, incorporating the Minutes of Settlement, which required the agent to maintain its trust account, file annual financial statements, and maintain minimum working capital.