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)

1This 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.

2The 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.

3In our view, the factual findings of the Tribunal are all supported by the evidence and withstand scrutiny.

4The 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.

5The appeal is dismissed.

6I 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.