OLAT 2013

The Applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a single seizure.

The Registrar suspended the licence based on medical reports suggesting the seizure was alcohol-related due to elevated liver enzymes.

The Tribunal found that the elevated liver enzymes were caused by steatohepatitis, not alcohol dependence, and noted the Applicant had abstained from alcohol for five months with no further seizures.

The Tribunal concluded the Applicant did not suffer from a condition likely to significantly interfere with his ability to drive safely and set aside the Registrar's decision.

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

The vehicle was impounded after being driven by her daughter's boyfriend, whose licence was suspended.

The applicant argued exceptional hardship and that the vehicle was taken without her consent.

The Tribunal found the vehicle was not stolen, as the applicant had given care and control to her daughter.

The Tribunal also found no exceptional hardship because the applicant owned another vehicle, failing the threshold requirement under O. Reg. 631/98.

The impoundment was confirmed.

The applicant applied for a liquor licence for a proposed pub.

The Registrar issued a Notice of Proposal to review the application after receiving objections from local residents concerned about noise and unruly behaviour, citing issues with a previous establishment at the same location.

The Tribunal found that the objectors failed to demonstrate that granting the licence would be contrary to the public interest, noting the applicant's plans to renovate the premises and operate a professionally run establishment.

The Tribunal directed the Registrar to issue the licence subject to conditions prohibiting amplified music on the patio and requiring security on weekend evenings.

The applicant appealed a proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The applicant had previously been refused registration in 2007 after being charged with theft from his former employer, the TTC.

Although the criminal charges were later dismissed for delay, an arbitrator upheld his termination, finding on a balance of probabilities that he had committed theft.

The Tribunal found that the arbitrator's decision was final and could not be collaterally attacked.

Because the applicant continued to deny responsibility and minimize his actions, the Tribunal concluded there was no new evidence or material change in circumstances under s. 12 of the Motor Vehicle Dealers Act, 2002 to justify a reapplication.

The appeal was dismissed and the Registrar was ordered to carry out the proposal to refuse registration.

The applicant appealed a Notice of Proposal from the Registrar of Alcohol and Gaming to review an application for additional licensed areas due to community objections.

At the hearing, the applicant, the City of Toronto, and the objectors reached a settlement agreement on conditions to attach to the liquor licence.

The Tribunal approved the application subject to the agreed-upon conditions, which included capacity limits, noise restrictions, and operational requirements.

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

The vehicle was impounded after the applicant lent it to her former partner, who was caught driving it while his licence was suspended.

The applicant argued that the impoundment caused exceptional hardship as she needed the vehicle for her children, to seek employment, and to find new housing.

The Licence Appeal Tribunal dismissed the appeal, finding that the applicant had access to alternative transportation through friends and neighbours, and therefore failed to meet the strict criteria for exceptional hardship under O. Reg. 631/98.

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

The vehicle was impounded after the applicant allowed a friend, whose driver's licence was suspended for an impaired driving conviction, to drive it.

The Tribunal found that the applicant had purchased a new vehicle, meaning an alternative to the impounded vehicle was available.

As the criteria for exceptional hardship under O. Reg. 631/98 were not met, the appeal was dismissed and the impoundment confirmed.

The Registrar issued a Notice of Proposal to revoke the registration of Happy Travellers Inc. as a travel agent for failing to maintain a trust account and file financial statements.

The applicant appealed to the Licence Appeal Tribunal.

The parties reached a settlement and requested a consent order without a hearing.

The Tribunal issued the consent order, incorporating the Minutes of Settlement which required the applicant to submit monthly trust reconciliations, file annual financial statements, and maintain minimum working capital.

The applicant, a bus operator, appealed an order of the Registrar of Motor Vehicles suspending its Commercial Vehicle Operator's Registration (CVOR) certificate for seven days.

The Ministry of Transportation had identified an unacceptable safety record, including failed facility audits, lack of records, and multiple collisions involving the applicant's drivers.

The applicant argued it had taken steps to improve its safety record, but the Tribunal found the applicant's efforts, which included plagiarizing a maintenance manual, were insufficient and disorganized.

The Tribunal upheld the Registrar's decision, finding on a balance of probabilities that the applicant would not operate commercial vehicles safely, and ordered the seven-day suspension and seizure of plates.

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 son was caught driving it while his licence was suspended.

The applicant claimed the vehicle was necessary for her daughter's employment.

The Licence Appeal Tribunal dismissed the appeal, finding that the applicant failed to demonstrate that no alternative to the impounded vehicle was available, as the daughter's income could have covered the cost of a rental vehicle.

The applicant appealed an order of the Registrar of Motor Vehicles to suspend its commercial vehicle carrier's registration certificate and seize its plates.

The parties consented to an order without a hearing under s. 4.1 of the Statutory Powers Procedure Act.

The Tribunal ordered the suspension of the plate portions for all commercial motor vehicles and trailers issued in the applicant's name for a period of 15 days, with the applicant required to deliver the plates to the Registrar.

The applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following an ischemic stroke.

After a period of rehabilitation, the applicant underwent a comprehensive driver assessment but failed the cognitive portion, leading to a recommendation of driving cessation.

The Licence Appeal Tribunal found that the applicant suffers from a condition likely to significantly interfere with his ability to operate a motor vehicle safely.

The decision to suspend the licence was confirmed.

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

Her roommate had taken the vehicle while she was sleeping and was caught driving with a suspended licence.

The applicant, who relied on Ontario Works, argued she needed the vehicle to secure employment.

The Licence Appeal Tribunal dismissed the appeal, finding that the applicant had alternatives such as walking, biking, or obtaining a subsidized transit pass, and that her economic difficulties existed prior to the impoundment.

The Tribunal confirmed the 45-day impoundment.

The applicant appealed a decision by Tarion Warranty Corporation denying his claim that the builder breached a warranty by installing an acrylic shower base instead of a ceramic tile base in his new condominium.

The applicant argued the Agreement of Purchase and Sale (APS) implied a ceramic base by describing a 'site-built ceramic tiled shower'.

The Tribunal found the APS did not explicitly specify a ceramic base and limited ceramic tile selection to the walls.

As the APS lacked the required specificity, no substitution occurred under section 19 of Regulation 892.

The appeal was dismissed, and the Tribunal declined to award costs against the applicant despite his failure to disclose his legal training.

The Applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to alleged cognitive deficits.

The suspension was based on medical reports suggesting dementia and a subsequent driving evaluation.

The Licence Appeal Tribunal found the medical evidence inconsistent, noting the Applicant scored near perfect on an MMSE test.

The Tribunal concluded the Applicant did not suffer from a condition likely to significantly interfere with his ability to drive safely and set aside the Registrar's decision.

The applicant appealed a Notice of Proposal to suspend its liquor licence for 14 days following an incident where underage and intoxicated patrons were served alcohol.

The Tribunal made findings of fact, concluding that three underage patrons were served and three patrons showed clear signs of intoxication.

The Tribunal directed the parties to provide written submissions on the applicable law, aggravating or mitigating factors, and appropriate sanctions based on these findings.

The applicant appealed the 45-day impoundment of its tow truck under the Highway Traffic Act, arguing that the impoundment would result in exceptional hardship.

The vehicle was impounded after being driven by an employee whose licence was suspended for an impaired driving conviction.

The Licence Appeal Tribunal found that the applicant had an alternative to the impounded vehicle, namely contracting out towing services, and failed to provide documentation supporting a significant or lasting financial loss.

The appeal was dismissed and the impoundment was confirmed.

The applicant appealed a decision of the Registrar of Motor Vehicles to suspend her driver's licence under section 47(1) of the Highway Traffic Act.

The suspension was based on medical reports indicating drug dependence and poor judgment while under the influence of medications.

The Licence Appeal Tribunal found that the Registrar was justified in suspending the licence and continuing the suspension until the applicant provides medical confirmation of successful treatment and abstinence from opioids for six months.

The decision of the Registrar was confirmed.

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

The vehicle was impounded after the applicant's boyfriend, whose licence was suspended for life, took the vehicle without her consent while she was sleeping.

The Tribunal found that the vehicle was stolen within the meaning of the Act, as it was taken without the owner's knowledge or consent.

The Tribunal also found that the impoundment would cause exceptional hardship due to the applicant's pregnancy and residence in an isolated area.

The Tribunal ordered the Registrar to release the motor vehicle.

The applicant appealed the 45-day impoundment of his 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 son was caught driving it while his licence was suspended for a drinking and driving offence.

The applicant claimed the vehicle was needed for medical appointments.

The Tribunal found that the applicant had other vehicles available and could use taxis, concluding that the loss of the vehicle would not cause exceptional hardship.

The impoundment was confirmed.