Stephen Scharbach

The appellant appealed a Notice of Proposal by the Registrar to refuse his application for registration as a real estate salesperson.

The refusal was based on past misconduct while registered as a motor vehicle dealer, which included fraudulent transactions, title-washing, and failure to remit retail sales tax.

The Tribunal found that despite the appellant obtaining licences in other regulated industries since the misconduct, his past actions were serious, prolonged, and placed the public at risk.

The Tribunal concluded there were reasonable grounds to believe he would not carry on business with integrity and honesty, and directed the Registrar to carry out the proposal to refuse registration.

The Appellants appealed a proposal by the Registrar to revoke their liquor licences due to breaches of conditions.

The Tribunal previously found that conditions on both licences were breached when a former manager failed to report criminal charges and continued to be involved in management.

On the issue of sanction, the Registrar sought revocation, while the Appellants sought a three-day suspension.

The Tribunal ordered a 5-day suspension for one restaurant and a 10-day suspension for the other, along with new conditions strictly prohibiting the former manager from entering the premises or having any involvement in the businesses.

The appellants appealed a Notice of Proposal by the Registrar to refuse their applications for registration as a motor vehicle dealer and salesperson.

The Tribunal found that while the appellants could reasonably be expected to be financially responsible, Mr. Chambers knowingly made false statements on his application regarding his suspended driver's licence, outstanding fines, and past convictions.

Furthermore, his extensive history of Highway Traffic Act convictions, including driving while suspended, afforded reasonable grounds for belief that the business would not be carried on in accordance with the law and with integrity and honesty.

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

The Registrar of Alcohol, Gaming and Racing issued a Notice of Proposal to revoke the liquor licences of two restaurants owned by the appellant, alleging breaches of licence conditions restricting her son's involvement in the businesses and the provision of false information on applications.

The Licence Appeal Tribunal found that the appellant breached a condition on each licence by allowing her son to be involved in management and by his failure to report criminal charges.

However, the Tribunal concluded that the appellant did not knowingly provide false information on her applications and that her conduct did not afford reasonable grounds for belief that she would not carry on business in accordance with the law and with integrity and honesty.

The parties were directed to make written submissions on the appropriate sanction.

The appellant appealed the 45-day impoundment of his vehicle for driving while suspended, arguing it would cause exceptional hardship due to financial losses.

The Licence Appeal Tribunal confirmed the impoundment, finding that under O. Reg. 631/98, financial loss cannot be considered when the impact falls on the person whose alleged driving while suspended resulted in the impoundment.