OLAT 2013

The applicant appealed a Notice of Proposal to the Licence Appeal Tribunal.

At the hearing, the parties advised that the matter had settled.

The applicant withdrew her appeal, conceded the allegations against her, and consented to the suspension of her licence for a period of nine months.

The Tribunal ordered the proceedings concluded and disposed of without a hearing on those terms.

The applicant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing that the loss of the vehicle would result in exceptional hardship.

The vehicle was impounded after the applicant's grandson was caught driving it while his licence was suspended for life.

The Tribunal found that the applicant had access to alternate transportation, as her grandson's girlfriend was able to drive her to medical appointments and court appearances.

Because an alternative to the impounded vehicle existed, the criteria for exceptional hardship under O. Reg. 631/98 were not met.

The appeal was dismissed and the impoundment was confirmed.

The Applicant appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to suspend its liquor licence.

The proposal alleged that the establishment over-served a group of patrons, permitted drunkenness, allowed a violent altercation resulting in serious injury, and subsequently obstructed an AGCO investigation by refusing to provide video surveillance.

The Licence Appeal Tribunal found that the Licensee breached multiple provisions of the Liquor Licence Act and its regulations, including permitting immoderate consumption, serving intoxicated persons, permitting violent conduct, and obstructing an inspection.

The Tribunal requested submissions on the appropriate sanction.

The applicant appealed a 90-day administrative driver's licence suspension imposed after she failed to provide a suitable breath sample during a RIDE spot check.

She argued that her asthma prevented her from blowing hard enough to activate the breathalyzer device.

The Tribunal found that the applicant's asthma was largely untreated and did not prevent her from providing a sample, concluding that she was avoiding the test.

The appeal was dismissed and the suspension confirmed.

The applicant appealed the impoundment of its motor vehicle under section 50.2 of the Highway Traffic Act.

A teleconference hearing was scheduled, but the applicant's representative failed to attend.

The Licence Appeal Tribunal found that the appeal should be treated as abandoned under its Rules of Practice.

The Tribunal issued an order and notice of intent to dismiss the appeal, giving the applicant ten days to provide written submissions explaining the failure to attend and why the appeal should not be dismissed.

The applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical report indicating an alcohol-withdrawal seizure and alcohol dependence.

The Licence Appeal Tribunal found that the applicant had been seizure-free and abstinent from alcohol for seven months, supported by medical evidence and his family physician's recommendation.

Applying the CCMTA Guidelines, the Tribunal concluded the applicant did not suffer from an alcohol addiction or seizure disorder likely to significantly interfere with his ability to drive safely.

The Registrar's decision was set aside and driving privileges were restored.

The applicant brought a motion for an extension of time to appeal the impoundment of her vehicle under the Highway Traffic Act.

The applicant failed to attend the teleconference hearing despite being notified.

The Tribunal considered the four factors for an extension of time and found that the applicant failed to demonstrate a bona fide intention to appeal or explain the delay.

Given the applicant's failure to participate and the fact that she was driving while suspended at the time of impoundment, the Tribunal dismissed the motion.

The applicants appealed a Notice of Proposal by the Registrar of Alcohol and Gaming to refuse their application for a liquor licence.

The refusal was based on the applicant's failure to disclose a conditional discharge and failure to provide requested documentation during the investigation.

The Licence Appeal Tribunal found that while the applicant was sincere, his inability to comply with basic application requirements demonstrated an inability to comply with the ongoing regulatory regime under the Liquor Licence Act.

The Tribunal directed the Registrar to carry out the proposal to refuse the licence.

The applicant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act, arguing exceptional hardship.

The vehicle was impounded after the applicant's daughter's partner, a suspended driver, drove it.

The Tribunal found that the applicant had alternative modes of transportation available through friends, which precluded a finding of exceptional hardship under O. Reg. 631/98.

The appeal was dismissed and the impoundment confirmed.