Terrance Sweeney

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

The Registrar alleged that the Appellant failed to provide access to his books and records, operated from unregistered addresses, and maintained incomplete and inaccurate bills of sale.

The Tribunal found that the Appellant's recordkeeping was atrocious, he failed to comply with conditions on his licence, and he deceived a purchaser regarding an odometer reading.

The Tribunal concluded that the Appellant's past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with law and with integrity and honesty.

The appeal was dismissed and the Registrar was ordered to revoke the registration.

The appellants appealed a decision by Tarion Warranty Corporation denying their claim for $7,500 in damages for an alleged delayed closing of their new home.

The appellants argued that although they received title and appliances on the firm closing date, the range hood was not installed until later, forcing them to stay with relatives.

The tribunal found that the vendor provided proper 90-day written notice of the tentative and firm closing dates, and the transaction closed on the firm closing date.

An occupancy permit was also issued prior to closing.

The tribunal dismissed the appeal, finding no breach of warranty.

The applicants appealed a decision of Tarion Warranty Corporation denying most of their new home warranty claims.

At the hearing, the applicants withdrew all claims for monetary damages and instead sought declaratory relief regarding Tarion's practices and alleged fraud by the builder.

The Tribunal dismissed the appeal, finding that the applicants failed to present evidence to prove their claims on a balance of probabilities and that the relief sought was outside the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act.

The Applicant brought a motion to extend the time to file an appeal against the revocation of his registration as a gaming assistant under the Gaming Control Act, 1992.

The Applicant had breached the terms of his registration by failing to report charges under the Highway Traffic Act.

Applying the four-factor test for extending time, the Tribunal found that while the Applicant had a bona fide intention to appeal and the delay was short, the Registrar would be prejudiced and the appeal lacked merit.

The motion for an extension of time was dismissed.

The Applicants appealed a Notice of Proposal by the Registrar to refuse to register Platinum Auto Gallery Inc. and Behzad Rabie, and to revoke the registration of Jamie Giroux as motor vehicle salespersons.

The Tribunal found overwhelming evidence of poor business practices, including failing to disclose accident histories, selling unsafe vehicles, and bullying customers.

The Tribunal concluded that the Applicants' past conduct provided reasonable grounds to believe they would not carry on business with integrity and honesty, and directed the Registrar to carry out the Proposal.

The applicant appealed a decision by Tarion Warranty Corporation denying her claim for the cost of installing a gas fireplace.

Prior to the hearing, the applicant sold her home and entered into a collateral agreement with the new owner to maintain her claim against Tarion.

Tarion brought a motion to dismiss the appeal, arguing that the statutory warranty runs with the home and the applicant lost standing upon the sale.

The Tribunal agreed, finding that the collateral agreement was a nullity as it offended s. 13(6) of the Ontario New Home Warranties Plan Act, which prevents contracting out of the statutory warranties.

The appeal was dismissed.

The applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a salesperson under the Motor Vehicle Dealers Act, 2002.

The applicant had a history of criminal convictions for fraud and theft, had previously acted as an unregistered salesperson while impersonating his brother, and failed to disclose pending charges and a restitution order on his registration applications.

The Tribunal found that the applicant's past conduct afforded reasonable grounds for belief that he would not carry on business with integrity and honesty.

The appeal was dismissed and the Registrar was ordered to refuse the registration.

The applicant brought a motion for an extension of time to appeal the revocation of its liquor licence.

The applicant missed the 15-day deadline to appeal after being served with a Notice of Proposal to revoke the licence due to multiple breaches of conditions, including allowing a prohibited individual on the premises.

Applying the four-factor test from Frey v. MacDonald, the Tribunal found that the applicant failed to prove reasonable grounds for the extension.

The Tribunal noted the applicant's history of non-compliance, lack of merit to the appeal, and that the justice of the case favoured the public interest.

The motion was dismissed.

The applicant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act, arguing that the impoundment would result in exceptional hardship for his son, an apprentice carpenter who needed the truck for work.

The vehicle had been impounded after the son's friend, whose licence was suspended for drinking and driving offences, was caught driving it.

The Licence Appeal Tribunal dismissed the appeal, finding that the applicant failed to prove that no alternative transportation existed, as the son could get rides, hire a taxi, or rent a truck.

The impoundment was confirmed.

The applicant appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to review an application for a liquor sales licence due to written objections.

At the hearing, the applicant and the added party municipality agreed on conditions to attach to the licence, and the Registrar took no position.

The objectors did not attend.

The Tribunal approved the application subject to the agreed conditions, which included operating as a restaurant, noise control, and not operating as a nightclub.

The applicant appealed a proposal by the Registrar to refuse her registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The Registrar's proposal was based on the applicant's prior bankruptcy and previous suspensions of her real estate and mortgage sub-broker registrations in British Columbia.

The Tribunal found the applicant to be credible, noting she was truthful on her application and took responsibility for her past mistakes.

Supported by character witnesses and a prospective employer who agreed to supervise her, the Tribunal concluded she would carry out her duties with honesty and integrity.

The Tribunal ordered the Registrar to license the applicant.

The applicant, a bus operator, appealed an order of the Registrar of Motor Vehicles suspending its Commercial Vehicle Operator's Registration (CVOR) certificate for seven days.

The Ministry of Transportation had identified an unacceptable safety record, including failed facility audits, lack of records, and multiple collisions involving the applicant's drivers.

The applicant argued it had taken steps to improve its safety record, but the Tribunal found the applicant's efforts, which included plagiarizing a maintenance manual, were insufficient and disorganized.

The Tribunal upheld the Registrar's decision, finding on a balance of probabilities that the applicant would not operate commercial vehicles safely, and ordered the seven-day suspension and seizure of plates.

The Registrar proposed to revoke the Applicant's registration as a real estate salesperson, alleging he participated in a mortgage fraud and impeded an investigation by lying or committing perjury.

The Licence Appeal Tribunal found that the Applicant had lied to a RECO prosecutor or perjured himself in Provincial Court regarding the identity of a mortgage broker.

The Tribunal also found the Applicant engaged in a fraudulent 'cash back' scheme.

Concluding the Applicant would not carry on business with integrity and honesty, the Tribunal ordered the revocation of his registration.

The applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate and seizing its plates due to a poor safety record.

The applicant had previously been subject to a fleet limitation and performance conditions, which it failed to meet.

The Licence Appeal Tribunal found no evidence that the applicant's proposed action plan and safety training were implemented or produced positive results.

Concluding that the applicant would not operate safely, the Tribunal ordered the Registrar to carry out the cancellation and seizure order.

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.

The applicant appealed a Notice of Proposal to the Licence Appeal Tribunal.

At the hearing, the parties advised that the matter had settled.

The applicant withdrew her appeal, conceded the allegations against her, and consented to the suspension of her licence for a period of nine months.

The Tribunal ordered the proceedings concluded and disposed of without a hearing on those terms.

The applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate and seizing its plate portion permits.

The applicant had an extremely poor safety violation rate, ranking among the worst carriers in Ontario, and failed to meet conditions imposed by the Ministry after a previous show cause meeting.

The Tribunal found that the applicant was unlikely to operate its commercial motor vehicles safely in the future and ordered the cancellation and seizure to be carried out.

The Registrar issued a proposal to revoke the motor vehicle dealer registration of the applicant due to his criminal convictions for possession of stolen property and Highway Traffic Act offences.

The applicant appealed to the Licence Appeal Tribunal.

The Tribunal found that the applicant's serious industry-related criminal convictions afforded reasonable grounds for belief that he would not carry on business in accordance with law and with integrity and honesty.

The Tribunal ordered the Registrar to proceed with the revocation, but stayed the order briefly to allow the applicant's son to apply for his own dealer's licence.

The Registrar of Alcohol and Gaming proposed to suspend the applicant's liquor licence for 14 days, alleging the applicant permitted drunkenness and obstructed a police inspection.

The allegations arose from an incident where plainclothes police officers confronted an off-duty employee in the staff washroom, leading to an altercation.

The Licence Appeal Tribunal found that the patron's actions could not be attributed to the applicant and that management acted responsibly to de-escalate the situation.

The Tribunal concluded the Registrar failed to prove the allegations on a balance of probabilities and directed the Registrar not to carry out the proposal.

The Applicants appealed an order of the Registrar of Motor Vehicles cancelling their Commercial Vehicle Operators Registration (CVOR) certificates and seizing their plates.

The Registrar had previously suspended the CVORs, but evidence showed the Applicants continued to operate commercial vehicles in Ontario and other provinces during the suspension period.

The Applicants also failed to provide required documents to Ministry auditors and had a poor safety record.

The Tribunal found the Applicants' misconduct egregious and dismissed the appeal, confirming the cancellation of the CVOR certificates and plates.