Murray Forbes

The moving parties brought a motion to vary a decision of Ferrier J., who had found no serious issue to be tried regarding the License Appeal Tribunal's 30-day suspension of their commercial vehicle operator's registration.

The Divisional Court applied the Housen standard of review and found no palpable or overriding error in Ferrier J.'s conclusions that trial counsel made a tactical decision and that the Tribunal's decision was reasonable based on the safety record.

The motion to vary was dismissed with costs.

The appellants appealed a decision of the Licence Appeal Tribunal ordering the revocation of their motor vehicle inspection station licence and mechanic registration.

The Tribunal found that certificates were issued while the mechanic was on vacation and rejected his evidence that the work was done prior to his departure.

The Divisional Court dismissed the appeal, finding no error in the Tribunal's allocation of the burden of proof and concluding that the decision to revoke the licences was reasonable given the overwhelming evidence of infractions and indifference to statutory obligations.