Brian D. Osler

The appellants appealed a decision of the Ontario Licence Appeal Tribunal that refused or revoked their registrations under the Motor Vehicle Dealers Act, 2002.

They argued they were denied procedural fairness by the Vice-Chair's conduct of the hearing.

The respondent conceded that the unrepresented appellant was denied procedural fairness because he was not allowed to cross-examine witnesses.

The Divisional Court allowed the appeal for the unrepresented appellant and remitted his matter for a rehearing.

However, the court dismissed the appeal for the represented appellants, finding that while the hearing was conducted perfunctorily, they were not denied basic procedural rights such as cross-examination.

The applicants sought judicial review of an interlocutory decision by the Licence Appeal Tribunal, which refused to allow them to carry on their motor vehicle sales business pending a fresh licence application.

The applicants had negligently failed to renew their licences before expiry.

The Divisional Court held that the Vice Chair's decision was reasonable and that the Registrar had no obligation to permit them to operate while unlicensed.

Furthermore, the court found the judicial review application to be premature as it did not meet the test for reviewing interlocutory tribunal decisions.

The application was dismissed with costs.