5 total
Immediate suspension of motor vehicle dealer registrations extended on consent pending hearing.
The appellants appealed a Notice of Proposal to revoke their registrations under the Motor Vehicle Dealers Act, 2002, along with immediate suspension orders.
At the commencement of the hearing, the appellants consented to the continuation of their immediate suspensions until the conclusion of the hearing.
The Tribunal ordered the continuation of the suspensions, joined the related appeal files, and adjourned the matters to an in-person case conference.
The court dismissed a default judgment motion because the underlying lease assignment lacked a required signature.
The plaintiff, Grasshopper Solar Corp., brought a motion for default judgment seeking $44,992.53 in damages due to the defendants' failure to complete the registration process for a solar energy lease assignment.
The court found a lack of evidence for a valid assignment from the original homeowners to an intermediate party, Joseph Lauzon, and noted that Lauzon's failure to sign the assignment invalidated it under the Statute of Frauds.
Consequently, the motion for default judgment was dismissed due to the lack of clarity in the evidence.
Liquor licence suspended for 23 days following multiple breaches including permitting drunkenness.
Following a finding that the licensee breached multiple provisions of the Liquor Licence Act and its regulations, including permitting drunkenness and failing to facilitate an inspection, the parties provided written submissions on sanction.
The Registrar sought a 25 to 30-day suspension, while the licensee argued for 7 to 10 days.
The Tribunal ordered a 23-day suspension, emphasizing specific and general deterrence given the significance and repetition of the breaches shortly after the licence was issued.
Liquor licensee found to have permitted drunkenness and failed to clear signs of service.
The Registrar of Alcohol and Gaming proposed a 30-day suspension of the appellant's liquor sales licence for multiple alleged infractions across six inspections.
The Tribunal found that the licensee breached the Liquor Licence Act and its regulations by failing to facilitate an inspection, failing to clear signs of service within 45 minutes, permitting drunkenness on three separate occasions, and allowing an unauthorized person behind the bar.
The allegation regarding inaccurate liquor pricing lists was dismissed.
The parties were directed to provide written submissions on the appropriate sanction.
Extension of time to appeal registration revocation granted where two-day delay caused by counsel's administrative error.
The appellant, a registered motor vehicle salesperson, brought a motion to extend the time to file an appeal of a Notice of Proposal to Revoke Registration.
The appeal was filed two business days late due to an administrative error by the appellant's counsel.
Applying the four factors from Manuel, the Tribunal found that the appellant had a bona fide intention to appeal, the delay was short and explained, and there was no significant prejudice to the Registrar.
The Tribunal granted the extension of time and set aside the final notice revoking the registration.
