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Driver's licence suspension confirmed due to evidence of a fraudulent bribery scheme during the testing process.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his Class A commercial driver's licence under s. 47(1)(g) of the Highway Traffic Act.
The Registrar suspended the licence based on information from an ongoing police investigation suggesting the appellant's licence was obtained through a fraudulent bribery scheme during the testing process.
The Licence Appeal Tribunal found that the Registrar had sufficient reason to believe the testing process was compromised by dishonesty.
The Tribunal confirmed the suspension, emphasizing that the Registrar's mandate is to protect public safety on highways and that it was not necessary to prove the appellant's direct knowledge or participation in the scheme.
Licence suspension set aside due to insufficient evidence of fraud; Tribunal lacks jurisdiction over downgrade.
The appellant appealed the Registrar's decision to suspend his Class A driver's licence and the Minister's decision to downgrade it to a Class G(Z).
The Registrar alleged the appellant fraudulently obtained his Class A licence through a bribery scheme involving driving examiners.
The Tribunal found the Registrar failed to establish on a balance of probabilities that the licence was obtained fraudulently, as the evidence consisted only of letters from the OPP Serious Fraud Office without supporting documentation or witness testimony.
The suspension was set aside.
However, the Tribunal dismissed the appeal regarding the licence downgrade, finding it lacked jurisdiction under the Highway Traffic Act to hear appeals of decisions made pursuant to s. 32(5)(b)(ii).
