38 total
Appeal of acquittal for unregistered motor vehicle dealing dismissed; trial justice reasonably applied personal use exception.
The Ontario Motor Vehicle Industry Council (OMVIC) appealed the acquittal of the respondent, who was charged with acting as an unregistered motor vehicle dealer contrary to s. 4(1)(a) of the Motor Vehicle Dealers Act.
The respondent had sold ten vehicles to a dealership within a short period but claimed the vehicles were for his personal use, invoking the statutory exception under s. 5.
The trial justice accepted this explanation, noting the respondent was a car enthusiast with the financial means to frequently change luxury vehicles during a period of pandemic-related inventory shortages.
On appeal, OMVIC argued the trial justice failed to consider the pattern of sales and made unreasonable factual findings.
The appeal court dismissed the appeal, finding no palpable and overriding error in the trial justice's assessment of the evidence.
The court also declined to award costs to the respondent, finding no exceptional circumstances to depart from the general rule in Provincial Offences Act appeals.
Appeal dismissed; basement floor water damage from sump pump failure excluded as secondary damage.
The appellants appealed a decision by Tarion Warranty Corporation denying their claim for warranty compensation for water-damaged basement flooring.
The flooding occurred due to a failure of the home's sump pumps during a rainstorm.
The Tribunal found that whether the flooding was caused by a defect in the sump pumps or the electrical system, the resulting damage to the flooring was derivative of the failure to construct in accordance with s. 13(1) of the Ontario New Home Warranties Plan Act.
Applying the Divisional Court's reasoning in Liddiard, the Tribunal concluded the damage was 'secondary damage' and therefore excluded from warranty coverage under s. 13(2) of the Act.
The appeal was dismissed.
Immediate temporary suspension order extended on consent pending conclusion of registration revocation hearing.
The appellants appealed a Notice of Proposal to Revoke Registration and an Immediate Temporary Suspension Order (ITSO) issued by the Registrar under the Motor Vehicle Dealers Act, 2002.
The parties agreed to extend the expiry date of the ITSO until the conclusion of the hearing on the Notice of Proposal.
The Tribunal granted the extension on consent and ordered a case conference to discuss further procedural elements.
Registration as a motor vehicle salesperson ordered subject to strict terms and conditions on consent.
The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002.
The parties reached an agreement and the appellant consented to his registration being subject to specific terms and conditions.
The Tribunal ordered the Registrar to register the appellant subject to the agreed conditions, which included restrictions on acting as a director or final signatory, mandatory disclosure requirements, and completion of an educational course.
Tribunal orders jointly proposed conditions to resolve motor vehicle dealer registration revocation appeal.
The appellants appealed a Notice of Proposal to revoke their registrations as a motor vehicle salesperson and dealer.
The parties reached an agreement and requested a consent order without a hearing, which the Tribunal denied, citing the statutory requirement to hold a hearing under the Motor Vehicle Dealers Act.
Following a hearing on the agreed statement of facts, the Tribunal ordered the jointly proposed conditions, with the exception of one condition deemed unenforceable, to address the appellants' past conduct failures including failure to produce records and trading out of class.
Motor vehicle dealer and salesperson registrations revoked due to pattern of deceptive business practices and ungovernability.
The appellants appealed a Notice of Proposal (NOP) issued by the Registrar to refuse and revoke their registrations as a motor vehicle dealer and salesperson.
The Tribunal found that the individual appellant engaged in a pattern of deceptive business practices, including acting as an unregistered salesperson, falsifying documents, taking out unauthorized repair loans in consumers' names, and responding abusively to consumer complaints.
The Tribunal concluded that the appellants' past conduct afforded reasonable grounds for belief that they would not carry on business in accordance with the law and with integrity and honesty.
Finding that the appellants were ungovernable and had previously breached terms and conditions, the Tribunal directed the Registrar to carry out the NOP to revoke the registrations.
Tribunal upholds administrative penalties for unlicensed new home vendors but reduces quantum to reflect carrying costs.
The appellants appealed administrative penalty orders (APOs) issued by the Home Construction Regulatory Authority for selling a new home without a vendor licence, contrary to s. 37(1) of the New Home Construction Licensing Act.
The appellants argued they had previously occupied the home for two nights, exempting them from the licensing requirement.
The Tribunal found the brief stay did not meet the legal threshold for residency, rendering them unlicensed vendors.
The Tribunal upheld the APOs but varied the penalty amounts from $122,072.25 to $88,975.86 each to account for carrying costs and improvements made to the property.
Motor vehicle dealer and salesperson registrations revoked for deceptive business practices and forged signatures.
The appellants appealed a Notice of Proposal (NOP) issued by the Registrar to revoke their registrations as motor vehicle salespersons and a motor vehicle dealer.
The Tribunal found that the individual appellants and the corporate appellant were interested persons in respect of one another.
The Tribunal determined that the appellants engaged in a pattern of deceptive business practices, including forging consumer signatures, failing to disclose accident histories, and violating all-in pricing requirements.
Finding that the appellants' past conduct afforded reasonable grounds for belief that they would not carry on business in accordance with the law and with integrity and honesty, the Tribunal directed the Registrar to carry out the NOP and revoke the registrations.
Lottery seller registration refused due to directors' past criminal conduct and failure to disclose offences.
The appellant appealed a Notice of Proposed Order refusing its registration as a lottery ticket seller under the Gaming Control Act, 1992.
The Registrar argued that the past criminal convictions of the appellant's directors, along with their failure to disclose all offences on the application, provided reasonable grounds to believe they would not act with integrity and honesty.
The Tribunal found that while one director had demonstrated significant rehabilitation, the other's recent convictions and the couple's failure to fully disclose their criminal and driving records on the application misled the Registrar.
The Tribunal confirmed the refusal of registration.
Third adjournment request denied where hearing dates were previously made peremptory to the moving parties.
The moving parties requested a third adjournment of their discipline hearing because they retained new counsel who was unavailable on the scheduled dates.
The Discipline Committee denied the request, noting that the previous adjournment had been made peremptory to the moving parties, they had known about the peremptory nature of the dates for a month, and the hearing was still three months away.
Engineer reprimanded and suspended for one month for undertaking structural design work beyond his competence.
The Association of Professional Engineers of Ontario brought disciplinary proceedings against a member and his engineering firm for professional misconduct related to the design of Open Web Steel Joists for a school addition.
The member, who lacked expertise in steel joist design, submitted drawings and calculations containing numerous errors and failing to comply with the Ontario Building Code and applicable standards.
The member admitted to the allegations, acknowledging he undertook work for which he was not qualified and failed to maintain the standards of a reasonable and prudent practitioner.
The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty, ordering a reprimand, a one-month suspension, and a restriction prohibiting the member from providing structural engineering services until he passes specific examinations.
Engineer reprimanded and ordered to complete coursework for approving deficient fire protection system drawings.
The Member and Holder faced professional discipline allegations regarding their review and approval of inadequate design drawings and hydraulic calculations for a building's fire protection system.
The parties submitted an Agreed Statement of Facts in which the Member and Holder admitted to professional misconduct for failing to maintain reasonable engineering standards and failing to comply with the Ontario Building Code.
The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, remedial coursework, and practice restrictions.
The Committee also ordered that the decision be published with names to serve the goals of openness, transparency, and general deterrence.
Travel agent registration continued on consent subject to conditions regarding financial filings and education.
The Registrar issued a Notice of Proposal to revoke the appellant's registration as a travel agent under the Travel Industry Act, 2002, alleging failures to submit financial statements and required forms.
The parties resolved the issues and consented to the continued registration of the appellant subject to specific conditions, including timely filing of future statements and completion of educational webinars.
The Licence Appeal Tribunal disposed of the proceeding without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act, ordering the registration continued on the agreed terms.
Engineer and firm suspended for six weeks for deficient garage roof design causing structural failure.
The respondents, a professional engineer and her consulting firm, faced disciplinary proceedings for preparing inadequate and deficient design drawings for a detached garage roof that subsequently failed and sagged.
The respondents admitted to the facts and pled guilty to professional misconduct for failing to safeguard the public and comply with applicable codes.
The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a six-week suspension of the member's licence and the firm's Certificate of Authorization, and a restriction prohibiting them from providing structural engineering services until the member passes specific advanced structural examinations.
Consent order issued revoking motor vehicle dealer registrations pursuant to a settlement agreement.
The appellants appealed a Notice of Proposal by the Registrar to revoke their motor vehicle dealer registrations.
Prior to the hearing, the parties reached a settlement agreement.
The Licence Appeal Tribunal issued a consent order under section 4.1 of the Statutory Powers Procedure Act, disposing of the matter without a hearing and binding the appellants to the terms of the settlement, which included the revocation of their registrations on a specified date and strict conditions on their operations in the interim.
Motor vehicle salesperson registration refused due to undischarged bankruptcy and lack of financial responsibility.
The appellant appealed a Notice of Proposal refusing his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002.
The Registrar proposed refusal based on the appellant's history of facilitating high-interest loans, defaulting on them, and declaring bankruptcy with over $1.5 million in debt, which he attributed to a gambling addiction.
The Tribunal found the appellant lacked candor regarding his undischarged bankruptcy and failed to demonstrate financial responsibility or integrity.
The Tribunal confirmed the proposal to refuse registration, concluding that conditions would not adequately protect the public interest.
Motor vehicle dealer registrations revoked after appellant found to have cheated on mandatory certification exam.
The Registrar proposed to revoke the appellants' registrations as a motor vehicle dealer and salesperson after the individual appellant was found to have received prohibited assistance while completing the mandatory online Automotive Certification course.
The appellant appealed the proposal.
The Licence Appeal Tribunal found that the evidence of the exam proctor and college staff established on a balance of probabilities that the appellant cheated on the exam.
Given the appellant's prior discipline history for failing to disclose vehicle information, the Tribunal concluded there were reasonable grounds to believe the appellant would not carry on business with honesty, integrity, and in accordance with the law.
The proposed order to revoke the registrations was confirmed.
Motor vehicle dealer and salesperson registrations revoked due to pattern of misleading consumers.
The appellants appealed a Notice of Proposal by the Registrar to revoke their registrations as a motor vehicle dealer and salesperson.
The Tribunal found a pattern of false and misleading conduct, including failing to disclose vehicle accident histories, providing false bills of sale, and a prior conviction under the Consumer Protection Act.
The Tribunal concluded there were reasonable grounds to believe the appellants would not carry on business with integrity, honesty, and in accordance with the law, and directed the Registrar to carry out the revocation.
Interim suspension of funeral director's licence extended pending appeal due to non-compliance with COVID-19 protocols.
The appellant, a licensed funeral director, appealed a Notice of Proposal to revoke his licence and an immediate suspension order issued by the Registrar.
The Registrar alleged the appellant failed to comply with COVID-19 public health requirements, including face mask mandates and a directive to implement a staff vaccine policy.
The Tribunal held an interim hearing to determine whether to extend the suspension order until the conclusion of the main appeal hearing.
Finding credible information that the appellant failed to comply with the Registrar's directive and public health measures, the Tribunal concluded that extending the suspension was in the public interest to protect vulnerable attendees at funeral establishments.
Registration as motor vehicle salesperson granted subject to four-year conditions due to past unlicensed trading.
The appellant appealed the Registrar's proposal to apply conditions to his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002.
The Registrar argued that the appellant's past conduct, including acting as an unregistered salesperson and dealer, and his involvement in a dealership's failure to pay out liens, afforded reasonable grounds to believe he would not carry on business with integrity and honesty.
The Tribunal found that while the appellant's past conduct established reasonable grounds for concern, the public interest could be adequately protected by granting registration subject to the conditions proposed by the Registrar for a period of four years.
