OLAT 2015

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for medical reasons following an episode of hypoglycemia that resulted in a loss of consciousness while driving.

The Licence Appeal Tribunal found that the appellant suffered from a condition likely to significantly interfere with his ability to operate a motor vehicle safely, applying the CCMTA guidelines which require a six-month episode-free period.

The Registrar's decision to suspend the licence was confirmed.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence due to untreated severe obstructive sleep apnea.

The Ministry of Transportation relied on a sleep specialist's report and the Appellant's refusal to use a CPAP machine.

The Licence Appeal Tribunal found that the Ministry failed to prove the condition significantly interfered with the Appellant's ability to drive safely, noting the absence of daytime sleepiness and her clean driving record.

The Tribunal set aside the Registrar's decision to suspend the licence.

The appellant 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 police stopped it and discovered the driver's licence was suspended for a Criminal Code offence.

The Tribunal found that alternatives to the vehicle existed, such as public transportation and a leased vehicle, and that financial costs or inconvenience could not be considered as exceptional hardship under the legislation.

The appeal was dismissed and the impoundment was confirmed.

The appellant appealed the 45-day impoundment of his motor vehicle under the Highway Traffic Act, arguing that the impoundment caused exceptional hardship to his construction business.

The vehicle was impounded after the appellant's friend was caught driving it with a suspended licence.

The Tribunal dismissed the appeal, finding that the appellant had alternatives available, such as his wife's vehicle, his own BMW, and help from friends.

Because alternatives existed, the Tribunal was precluded by regulation from considering economic loss as a basis for exceptional hardship.

The appellant appealed the 45-day impoundment of her motor vehicle after it was driven by her son, whose licence was suspended.

The appellant argued that the vehicle was taken without her consent and that the impoundment caused exceptional hardship.

The Licence Appeal Tribunal found that the son took the vehicle keys while the appellant was sleeping, despite her express prohibition against him driving.

The Tribunal concluded the vehicle was 'stolen' within the meaning of the Highway Traffic Act and ordered the Registrar to release the motor vehicle.

The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act on the ground of exceptional hardship.

The vehicle was impounded after the appellant's son allowed a friend, who was a suspended driver, to sit in the driver's seat.

The appellant argued that the loss of the vehicle caused hardship for her employment, household errands, and transporting her children.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant had alternatives available, such as public transit and assistance from family members, and therefore failed to establish exceptional hardship as required by the legislation.

The appellant's vehicle was impounded after her husband drove it while his licence was suspended.

The appellant filed an appeal 18 days after the statutory deadline and brought a motion to extend the time to file.

The Licence Appeal Tribunal denied the motion, finding that the appellant failed to establish a bona fide intention to appeal within the time limit, the delay was significant, and the proposed grounds of appeal (due diligence and exceptional hardship) lacked merit.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his Class 'G' driver's licence due to a medical condition.

The appellant's family doctor submitted a Medical Condition Report indicating possible multiple sclerosis based on MRI findings.

The appellant disputed the diagnosis and declined medication, but failed to provide the required follow-up medical forms confirming his fitness to drive.

The Licence Appeal Tribunal confirmed the suspension, finding that the appellant suffers from a neurological condition that is likely to significantly interfere with his ability to drive safely, and that further medical information is required to prove otherwise.

The Appellant appealed a 90-day administrative driver's licence suspension imposed for failing to provide a breath sample.

She argued that a panic attack rendered her medically unable to comply with the demand.

The Licence Appeal Tribunal found that the Appellant failed to establish on a balance of probabilities that she was unable to provide a sample for a medical reason, noting her ability to converse and concentrate at the roadside and the lack of prior medical history of anxiety.

The suspension was confirmed.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical report of a seizure.

The appellant argued that his seizures are preceded by a consistent aura that provides several hours of warning, allowing him to avoid driving.

The Tribunal found that the appellant demonstrated the capacity to recognize his pre-seizure symptoms and voluntarily stop driving, as evidenced by his actions on the day of the seizure.

The Tribunal concluded that the appellant's condition does not significantly interfere with his ability to drive safely and set aside the Registrar's decision.

The Appellants appealed a decision by Tarion Warranty Corporation denying their claim for financial loss compensation under the Ontario New Home Warranties Plan Act.

The Appellants had entered into a contract with a builder for a custom home, but construction ceased and the contract was terminated.

The Appellants claimed they paid more than the value of the work and materials supplied, alleging defective and incomplete work.

The Tribunal found the evidence of the builder's sub-trades to be the most reliable, establishing that the value of the work and materials supplied exceeded the $136,760.00 paid by the Appellants.

The Tribunal gave limited weight to the Appellants' expert witness, who had not visited the site.

The appeal was dismissed and Tarion was directed to deny the claim in full.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence due to a medical report indicating alcohol dependence.

The Licence Appeal Tribunal found that the appellant's ongoing alcohol consumption and failure to provide requested medical information supported the E.R. physician's assessment of alcohol dependence.

The Tribunal concluded that the appellant suffers from a condition likely to significantly interfere with her ability to drive safely and confirmed the licence suspension.

The appellant appealed the impoundment of her motor vehicle under the Highway Traffic Act.

The vehicle had been stored with a prospective buyer under an oral agreement that it was not to be driven until the sale was finalized.

The prospective buyer, whose licence was suspended, drove the vehicle and it was impounded.

The Tribunal found that the vehicle was driven without the owner's consent and was therefore 'stolen' within the meaning of the Act.

The appeal was allowed and the Registrar was ordered to release the vehicle.

The Appellant appealed a Notice of Proposal by the Registrar to revoke his registration as a motor vehicle dealer.

The Registrar alleged that the Appellant failed to provide access to his books and records, operated from unregistered addresses, and maintained incomplete and inaccurate bills of sale.

The Tribunal found that the Appellant's recordkeeping was atrocious, he failed to comply with conditions on his licence, and he deceived a purchaser regarding an odometer reading.

The Tribunal concluded that the Appellant's past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with law and with integrity and honesty.

The appeal was dismissed and the Registrar was ordered to revoke the registration.

The appellant brought a motion on consent for a further stay of the Tribunal's order directing the Registrar to revoke their registration under the Motor Vehicle Dealers Act, 2002.

The Tribunal granted the stay on consent until June 15, 2015, the date of the appeal hearing at the Divisional Court.

The Tribunal also ordered on its own motion that the stay continue until the Divisional Court releases its decision.

The appellant appealed the impoundment of her motor vehicle under the Highway Traffic Act.

The vehicle was impounded after her spouse, a suspended driver, was stopped for speeding.

The appellant argued exceptional hardship and that the vehicle was stolen.

The Tribunal found no exceptional hardship as the appellant had alternative transportation.

However, the Tribunal found the vehicle was taken without the appellant's consent, satisfying the ground that it was stolen.

The impoundment was set aside and the vehicle ordered released.

The appellant appealed the 45-day impoundment of their tow truck under section 50.2 of the Highway Traffic Act, arguing that the impoundment would result in exceptional hardship.

The vehicle was impounded after an employee was caught driving it while their licence was suspended for a Criminal Code conviction.

The Tribunal found that while the appellant suffered financial loss, they had alternative vehicles to continue operating their towing business and the loss was not immediate, significant, and lasting as required by O. Reg. 631/98.

The appeal was dismissed and the impoundment was confirmed.

The appellant appealed the Registrar's proposal to refuse her registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The refusal was based on her past conduct in British Columbia, where her mortgage broker registration was suspended for life and her real estate registration was suspended for three years due to her failure to supervise her assistant.

The Tribunal found that the appellant had demonstrated rehabilitation, taken responsibility for her past actions, and practiced without issue in Ontario for 18 months.

The Tribunal also found that a 17-year-old bankruptcy was insufficient to prove financial irresponsibility.

The Tribunal ordered the Registrar to register the appellant.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to suspend the appellant's liquor sales licence for failing to clear signs of service and consumption within 45 minutes after the permitted period, and for exceeding the licensed capacity.

Prior to the hearing, the parties reached a settlement wherein the appellant accepted the allegations.

The Tribunal ordered a 55-day suspension of the liquor licence on consent.

The Registrar of Alcohol and Gaming issued a Notice of Proposal to revoke the appellant's liquor licence due to repeated incidents of open drug use, drug trafficking, and intoxicated patrons on the premises.

The appellant admitted to the allegations but argued for a suspension rather than revocation.

The Licence Appeal Tribunal found that the appellant had failed to take meaningful steps to address the issues, even after a previous suspension, and demonstrated a lack of commitment to compliance.

The Tribunal directed the Registrar to immediately revoke the appellant's liquor licence.