Court File and Parties

COURT FILE NO.: 839/01

DATE: 20030425

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

LANE, THEN AND LANG JJ.

B E T W E E N:

REGISTRAR, MOTOR VEHICLE DEALERS ACT

Appellant

• and -

GARY HUNT o/a GARY'S

Respondent

Aviva R. Harari, for the Appellant

Edward W. Claxton, for the Respondent

HEARD: April 25, 2003

Oral Reasons for Judgment

LANG J.: (Orally)

1It is clear from the submissions made to the Vice-Chair that both s.5(1)(a) and (b) were at issue. The Vice-Chair did not address s.5(1)(a).

2Mr. Hunt had debt of such a significant size as to put his "financial responsibility" into question. This was not addressed by the Vice-Chair in his reasons; this is an error of law. As to the criteria under s.5(1)(b), there were findings of fact made, particularly with respect to the numbered company. Those facts are set out in the first sentence of paragraph 71. Those findings are in contrast with the concession, made by Mr. Hunt's counsel, that the evidence before the tribunal established Mr. Hunt had an interest in the numbered company. The result is potentially inconsistent with paragraph 87 of the reasons. As, in the result, there will be a new hearing, we do not feel it appropriate to further comment on the evidence.

LANE J.

3I have endorsed the appeal book to read: "For reasons delivered in Court by Lang J., this appeal is allowed and this matter is remitted to the tribunal for such further action as may be thought necessary. If there is to be a further hearing it will be before the tribunal differently constituted. I have completed the endorsement by adding, costs to the Registrar fixed at $4,000 inclusive of disbursements and applicable taxes."

Date of Reasons for Judgment: April 25, 2003

Date of Release: May 20, 2003

COURT FILE NO.: 839/01

DATE: 20030425

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT