COURT FILE NO.: 247/05
DATE: 20061025
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
lane, chapnik and smith, jj.
B E T W E E N:
BOARD OF TRUSTEES, ONTARIO MOTOR VEHICLE DEALERS COMPENSATION FUND
Appellant
- and -
RAYMOND AND TRACY LAMONT
Respondents
Aviva R. Harari, for the Appellant
Andrew Phillips, for the Respondents
HEARD at Toronto: October 25, 2006
LANE J.: (Orally)
[1] This is an appeal by the Trustees from the decision of the Licence Appeal Tribunal reversing the decision of the Trustees to refuse the respondent’s claim for compensation.
[2] The Board of Trustees does not hold a formal hearing but makes an administrative decision on a paper record. The Tribunal held a hearing and heard the witnesses and its decision on the facts is entitled to some deference from us. We cannot re-weigh the evidence as we are being invited to do by the appellant.
[3] In our view, the factual findings of the Tribunal are all supported by the evidence and withstand scrutiny.
[4] The Tribunal did not establish an onus on the Board to show that the respondent had actual knowledge of the fact that the car was stolen, as alleged by the appellant. On the contrary, it addressed the issue of willful blindness and found that the respondent was not willfully blind, a conclusion also supported by the evidence.
[5] The appeal is dismissed.
[6] I have endorsed the record, “The appeal is dismissed for reasons dictated in Court. Costs to the respondent fixed at $5,000.00.”
LANE J.
CHAPNIK J.
SMITH J.
Date of Reasons for Judgment: October 25, 2006
Date of Release: October 30, 2006
COURT FILE NO.: 247/05
DATE: 20061025
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
lane, chapnik and smith, jj.
B E T W E E N:
BOARD OF TRUSTEES, ONTARIO MOTOR VEHICLE DEALERS COMPENSATION FUND
Appellant
- and -
RAYMOND AND TRACY LAMONT
Respondents
ORAL REASONS FOR JUDGMENT
LANE J.
Date of Reasons for Judgment: October 25, 2006
Date of Release: October 30, 2006