3 total
Appeal dismissed; motor vehicle salesperson registration granted with conditions due to past conduct.
The appellant appealed a proposal by the Registrar to grant his motor vehicle salesperson registration with conditions.
The appellant argued that a 2017 Consent Order prevented the Registrar from considering his past conduct prior to 2017, and that any breaches of the Act were the fault of an unregistered salesperson who defrauded him.
The Licence Appeal Tribunal found that issue estoppel did not apply and the 2017 Consent Order was not binding because the appellant never registered under it.
The Tribunal held that the appellant's past conduct, including failing to discharge liens, failing to remit warranties, and employing an unregistered salesperson, 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 carry out the proposal to grant registration with conditions.
Costs denied for abandoned application due to respondent's unreasonable and excessive costs claim.
The applicant commenced an application that was abandoned after early case management teleconferences.
The respondent sought approximately $8,000 in costs for the abandoned application.
The Divisional Court noted that its practice is not to award costs for case management attendances unless there is litigation misconduct, and the case management judge had not awarded costs.
Finding the respondent's costs claim unreasonable and excessive for the minor steps taken, the court declined to award any costs for the abandoned application or the costs motion.
The court denied the defendant's speculative disclosure requests for officer notes, discipline records, and device manuals in a routine speeding case.
The defendant brought a motion for disclosure of materials in a speeding offense case.
The defendant sought: (1) notes of other tickets issued by the officer that day; (2) discipline and human resource records of the officer; (3) the complete user manual for the laser speed measuring device; (4) calibration and maintenance history of the device; and (5) the officer's training record.
The court denied most requests as speculative fishing expeditions lacking sufficient factual foundation or likely relevance.
The prosecution agreed to provide the officer's qualification date and confirmation of qualification on the date of the offense.
The matter was remanded for trial.
