Vehicle impoundment appeal dismissed; owner failed to prove due diligence or exceptional hardship.
The appellant appealed the 45-day impoundment of her motor vehicle, which was seized when her niece was caught driving it with a suspended licence.
The appellant argued she exercised due diligence and that the impoundment would cause exceptional hardship.
The Licence Appeal Tribunal dismissed the appeal, finding the appellant took no reasonable steps to verify the driver's licence status before lending the vehicle.
Furthermore, the appellant failed to establish exceptional hardship, as she had access to alternative transportation through family members.
Driver's licence suspension confirmed due to cognitive impairment and refusal to undergo further medical testing.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his Class G driver's licence for medical reasons, specifically cognitive impairment.
The suspension was based on a Medical Condition Report from the appellant's physician indicating cognitive impairment due to dementia and major neurocognitive disorder concerns.
The Licence Appeal Tribunal found that the appellant suffers from a cognitive impairment that is likely to significantly interfere with his ability to drive safely, noting his refusal to undergo further cognitive testing.
The Tribunal confirmed the Registrar's decision to suspend the licence.
Commercial driver's licence downgrade confirmed due to recent unexplained episode of syncope.
The appellant appealed the Minister of Transportation's decision to downgrade his commercial driver's licence for medical reasons, specifically syncope/loss of consciousness.
The Licence Appeal Tribunal found that the medical evidence established the appellant suffered from an unexplained episode of atypical vasovagal syncope.
Applying the Canadian Council of Motor Transport Administrators Medical Standards, the Tribunal concluded that the condition was likely to significantly interfere with his ability to safely drive a commercial vehicle, particularly a school bus, as he had not been episode-free for the required 12-month period.
The appeal was dismissed and the downgrade confirmed.
Driver's licence suspension set aside as appellant's treated alcohol use disorder does not impair driving.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for medical reasons, specifically alcohol use disorder and a seizure due to alcohol withdrawal.
The Licence Appeal Tribunal found that while the appellant does suffer from these conditions, he had successfully completed a residential addiction treatment program, maintained abstinence, and was clinically stable.
The Tribunal concluded that the conditions were not likely to significantly interfere with his ability to drive safely and set aside the Registrar's decision.
Vehicle impoundment appealed successfully; Tribunal ordered release finding the vehicle was stolen by the driver.
The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act.
The vehicle was impounded after being driven by an individual whose licence was suspended for a Criminal Code conviction.
The appellant argued the vehicle was taken without his consent while he was sleeping.
The Tribunal accepted the appellant's evidence, finding that the vehicle was stolen within the meaning of the Act.
The Tribunal ordered the release of the impounded vehicle.
Funeral director and establishment licences revoked for unauthorized embalming, false statements, and failing to maintain premises.
The appellants appealed a Notice of Proposal by the Registrar to refuse to renew their licences as a Funeral Director and Funeral Establishment Operator.
The Registrar alleged that the appellants engaged in unauthorized embalming, provided false information on licensure applications, failed to maintain a place of business, and could not be expected to be financially responsible.
The Tribunal found that the Registrar established the bulk of its allegations, including that the appellants repeatedly embalmed deceased persons without authorization, falsified a contract, provided false information on annual licensure reports, and failed to maintain a business premises.
The Tribunal directed the Registrar to carry out its proposal to revoke the registrations.
Motor vehicle impoundment appeal dismissed as appellant had alternative transportation available, negating exceptional hardship.
The vehicle was impounded after the appellant's son was caught driving it while his licence was suspended.
The appellant argued that the impoundment would cause exceptional hardship.
The Tribunal found that the appellant had alternative means of transportation available, specifically a second vehicle registered in his name, which he and his spouse had been using for essential tasks.
As the appellant failed to prove that no alternative to the impounded vehicle was available, the appeal was dismissed and the impoundment was confirmed.
Vehicle impoundment upheld; owner failed to prove due diligence or exceptional hardship.
The appellant appealed the 45-day impoundment of his motor vehicle, which was seized when another individual was caught driving it with a suspended licence.
The appellant argued he exercised due diligence and that the impoundment caused exceptional hardship.
The Licence Appeal Tribunal dismissed the appeal, finding the appellant merely assumed the driver had a valid licence without taking reasonable steps to verify it.
Furthermore, the appellant failed to establish exceptional hardship, as alternative transportation options, including public transit and another household vehicle, were available.
Driver's licence suspension set aside; appellant proved she no longer suffered from substance use disorder.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence for medical reasons, specifically a substance use disorder.
The suspension was based on a substance use assessment from her family physician noting elevated levels and opioid use.
The Licence Appeal Tribunal found the appellant's testimony and a letter from her addictions physician persuasive, establishing that she had abstained from alcohol since 2017 and that the elevated levels were due to over-the-counter medication for sciatica.
The Tribunal concluded the appellant does not suffer from a substance use disorder and set aside the licence suspension.
Appeal of registration revocation disposed of by consent order terminating real estate salesperson's registration.
The appellant appealed a Notice of Proposal to Revoke Registration as a real estate salesperson issued by the Registrar under the Trust in Real Estate Services Act, 2002.
The parties reached a settlement and requested a Consent Order disposing of the proceeding without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.
The Tribunal ordered the proceeding disposed of on the terms set out in the Minutes of Settlement, which included the appellant withdrawing the appeal, the Registrar withdrawing the proposal, and the termination of the appellant's registration after a 14-day wind-up period.
Commercial trailer impoundment confirmed as critical brake defect was present at the time of inspection.
The appellant appealed a 15-day impoundment of its commercial trailer under the Highway Traffic Act after an inspection revealed over 50% defective wheel brakes.
The appellant argued the defect likely occurred at the inspection station rather than on the highway.
The Licence Appeal Tribunal found that the legislation only requires a critical defect to be present at the time of inspection, not necessarily while travelling on the highway.
The Tribunal confirmed the impoundment, finding the appellant failed to prove the trailer had no critical defects at the time of inspection.
Driver's licence suspension set aside as evidence did not establish an alcohol use disorder.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for medical reasons, specifically an alleged alcohol use disorder.
The suspension was based on an unsolicited Medical Condition Report from an emergency room physician.
The Tribunal found the evidence from the appellant's family physician, who did not diagnose an alcohol use disorder, and the appellant's own testimony to be more persuasive.
The Tribunal concluded the Registrar failed to establish that the appellant suffers from a medical condition likely to significantly interfere with his ability to drive safely, and set aside the suspension.
Vehicle impoundment confirmed; owner failed to verify driver's licence status and had alternative transportation.
The appellant appealed the 45-day impoundment of her motor vehicle after it was driven by her partner, whose licence was suspended for a Criminal Code conviction.
The Tribunal found the appellant failed to exercise due diligence, as she relied solely on the driver's assertion that his licence was reinstated without taking reasonable steps to verify it.
The Tribunal also found no exceptional hardship, as the appellant had access to alternative transportation such as public transit, Uber, and delivery services.
The impoundment was confirmed.
Vehicle impoundment appeal granted due to exceptional hardship involving transportation for child's medical treatment.
The appellant appealed the 45-day impoundment of her motor vehicle, which was seized while she was driving with a suspended licence.
The Tribunal granted an extension of time to file the appeal, finding a bona fide intention to appeal and minimal delay.
The Tribunal also dismissed the Registrar's motion challenging the appellant's standing, finding she became the registered owner shortly after the impoundment.
On the merits, the Tribunal found the impoundment caused exceptional hardship because the vehicle was necessary to transport the appellant's stepson, who has autism and PTSD, to medical treatments and school, and there were no reasonable alternatives available.
The appeal was granted and the vehicle ordered released.
Vehicle impoundment appeal dismissed as appellant had alternative transportation options available.
The appellant appealed the 45-day impoundment of her motor vehicle, which was seized when her roommate was caught driving it with a suspended licence.
The appellant argued the impoundment caused exceptional hardship as she needed the vehicle for work, childcare, and taking her father to medical appointments.
The Licence Appeal Tribunal dismissed the appeal, finding that the appellant had alternative means of transportation available, such as public transit and ride-sharing services, and therefore failed to meet the statutory test for exceptional hardship.
Appeal for travel compensation fund reimbursement dismissed as payments were ineligible under the Regulation.
The appellant appealed a decision of the Travel Industry Council of Ontario denying his claim for $15,813.88 from the Compensation Fund.
The Tribunal found that the initial $8,500 paid to the travel agent was for an investment scheme rather than travel services.
A subsequent booking was cancelled by the appellant due to personal reasons, rendering it ineligible for reimbursement.
Finally, the remaining payments were made after the travel agent's registration had been revoked.
The appeal was dismissed and the claim for compensation was refused.
The appellant appealed the 45-day impoundment of her motor vehicle after her son was caught driving it with a suspended licence.
The Tribunal found the appellant did not take reasonable steps to confirm her son's licence status, despite knowing he had a pending appeal for an impaired driving conviction.
The Tribunal also found no exceptional hardship, as the appellant had access to taxis, public transit, and another vehicle.
The appeal was dismissed and the impoundment confirmed.
Vehicle impoundment confirmed; appellant failed to prove the vehicle was stolen by his friend.
The vehicle was impounded after the appellant's friend was caught driving it without an ignition interlock device, contrary to a mandatory condition.
The appellant argued the vehicle was stolen because the friend took it without permission after borrowing it with another person.
The Tribunal found the appellant failed to establish the vehicle was stolen, as he had lent it to the friend and another person, failed to secure the keys, and did not report it stolen.
Licence suspension set aside; Tribunal found appellant's fall was caused by cannabis intoxication, not seizure.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence for medical reasons, specifically a suspected seizure disorder.
The suspension was based on an emergency room doctor's report after the appellant fell and struck her head.
The appellant testified that she had ingested a cannabis edible for pain relief, became highly intoxicated, and slipped in her bathroom, denying any history or occurrence of a seizure.
The Licence Appeal Tribunal found the medical report vague and unpersuasive, and accepted the appellant's testimony.
The Tribunal concluded the appellant does not suffer from a seizure disorder and set aside the licence suspension.
Vehicle impoundment overturned after Tribunal finds husband stole wife's vehicle by taking hidden keys.
The appellant appealed the 45-day impoundment of her motor vehicle after her husband was caught driving it while his licence was suspended.
The appellant argued the vehicle was stolen, as she had explicitly forbidden her husband from driving it and had hidden the keys.
The Tribunal found the appellant's evidence credible and concluded the vehicle was taken without her consent and with the intent to deprive her of it.
The Tribunal ordered the release of the vehicle.