Douglas Lee

The applicant appealed an order of the Registrar of Motor Vehicles suspending its Commercial Vehicle Operator's Registration (CVOR) certificate and seizing its plates for 21 days due to a poor safety record.

The applicant argued its safety record was inaccurate because many of its vehicles were tow trucks, which are exempt from the CVOR system.

The Tribunal found that while the applicant's record contained inaccuracies due to the inclusion of exempt vehicles, the applicant had contributed to the confusion by registering them and failing to monitor its record.

Given the applicant's lack of diligence regarding safety compliance, the Tribunal upheld the suspension but reduced it to 7 days.

The Crown appealed the dismissal of a charge against the respondent for permitting the operation of a commercial motor vehicle not equipped with a working speed-limiting system.

The trial justice of the peace acquitted the respondent, finding the certificate of offence did not match the evidence and raising a reasonable doubt about the testing device.

The appeal judge dismissed the Crown's appeal.

The Court of Appeal dismissed the Crown's further appeal.

Armstrong J.A. held the certificate of offence was defective for failing to reference the regulations.

Feldman J.A. dissented, finding the certificate sufficient and would have ordered a new trial.

Himel J. agreed with Feldman J.A. on the certificate's sufficiency but upheld the acquittal based on the trial justice's finding of reasonable doubt regarding the testing device.

The Applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate and seizing its plates.

The Registrar's order was based on the Applicant's poor safety record and its relationship to two other companies whose CVOR certificates had previously been cancelled for safety violations.

The Tribunal found that the Applicant's own safety record, including a fatal collision and lack of commitment to safety, justified the cancellation.

Furthermore, the Tribunal found that the Applicant was related to the other companies within the meaning of the Highway Traffic Act, providing additional grounds for the cancellation.

The appeal was dismissed and the Registrar was ordered to carry out the cancellation and seizure.

The appellants appealed a Licence Appeal Tribunal decision ordering the cancellation of their Commercial Vehicle Operator's Registration (CVOR) certificates due to poor safety records.

The appellants sought to introduce fresh evidence of improved safety performance since the Tribunal's decision.

The Divisional Court dismissed the appeal, finding the Tribunal's decision to cancel the certificates was reasonable given the appellants' high violation rates and past safety issues.

The Court declined to admit the fresh evidence, noting it either could have been obtained prior to the hearing or did not render the sanction manifestly unfit.

The appellant appealed a decision of the Licence Appeal Tribunal that ordered the Registrar of Motor Vehicles to suspend its Commercial Vehicle Operator's Registration for 14 days.

The appellant argued the Tribunal applied the wrong legal test under s. 47(1)(f) of the Highway Traffic Act by focusing on punishment rather than future safety.

The Divisional Court dismissed the appeal, finding the Tribunal reasonably balanced the appellant's poor safety record against its recent remedial efforts, and that the sanction was necessary for public safety.

The appellant sought a stay of a Licence Appeal Tribunal decision upholding a 14-day suspension of its commercial motor vehicle operator's registration, pending appeal.

Applying the RJR-MacDonald test, the court found there was a serious issue to be tried regarding whether the Tribunal improperly focused on past events rather than current safety.

The court also found the appellant would suffer irreparable harm to its business contracts and reputation, and the balance of convenience favoured granting the stay.

The motion for a stay was granted.