COURT FILE NO.: 401/04
DATE: 20051201
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PARDU, EPSTEIN AND LAX JJ.
B E T W E E N:
THE DIRECTOR OF VEHICLE INSPECTION STANDARDS
Appellant
- and -
MOHAMMAD QURESHI
Respondent
Patrick Moore, for the Appellant
In Person
HEARD: December 1, 2005
PARDU J.: (Orally)
[1] Under s.96(9) of the Highway Traffic Act, R.S.O. 1990, c.H.8, the Director of Vehicle Inspection Standards appeals the decision, dated January 22, 2004, of the Licence Appeal Tribunal.
[2] In that decision the tribunal directed the Director to revoke the respondent’s motor vehicle inspection station licence but not his mechanic’s registration. It is the second aspect of the decision from which the Director appeals.
[3] Under the Act, an inspection station needs a motor vehicle inspection station licence to issue safety standards certificates for motor vehicles or annual inspection certificates for commercial motor vehicles and a mechanic registration. Inspections at motor vehicle inspection stations need to be conducted and signed by a mechanic registered with the Ministry.
[4] The respondent is a registered mechanic and owned and operated an inspection station. On September 10, 2003, the Director gave notice to the respondent of a proposal to revoke the station’s licence and his registration as an inspecting mechanic. The proposal was based on violations under the Act and its regulations.
[5] After a hearing, the tribunal found that the station did not comply with a regulation under the Act and revoked its licence. The tribunal went on to find that the respondent complied with the Act and regulations and therefore there were no grounds to revoke his registration.
[6] The finding that the respondent did not violate the Act or regulations is clearly contrary to the unchallenged evidence before the tribunal, and its own findings that the respondent had twelve convictions for offences under the Act of which four were entered during the concurrency of his own existing registration.
[7] In these circumstances, the tribunal’s decision cannot stand. The direction of the tribunal forbidding the Director from carrying out his proposal to revoke the registration of the respondent is set aside.
[8] No costs.
___________________________
PARDU J.
___________________________
EPSTEIN J.
___________________________
LAX J.
Date of Reasons for Judgment: December 1, 2005
Date of Release: December 5, 2005
COURT FILE NO.: 401/04
DATE: 20051201
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PARDU, EPSTEIN AND LAX JJ.
B E T W E E N:
THE DIRECTOR OF VEHICLE INSPECTION STANDARDS
Appellant
- and -
MOHAMMAD QURESHI
Respondent
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: December 1, 2005
Date of Release: December 5, 2005