Aviva R. Harari

The Registrar of the Motor Vehicle Dealers Act appealed a tribunal decision.

The Divisional Court adjourned the hearing, directing the parties to provide the complete record of the respondent's prior criminal appeal and written submissions on whether the tribunal impermissibly allowed a collateral attack on those criminal convictions.

The appellant Registrar appealed from a Divisional Court judgment requiring a further registration application under the Motor Vehicle Dealers Act to be dealt with through the statutory notice and hearing process.

The respondent had previously had his registration revoked and later reapplied without, in the Registrar's view, providing new evidence or a material change in circumstances under s. 8.

The Court of Appeal held that s. 8 establishes a substantive threshold for a renewed application but does not displace the procedural protections in s. 7.

Where the Registrar proposes to refuse registration, notice and an opportunity to require a tribunal hearing must still be provided.

The appeal was dismissed without costs.