LICENCE APPEAL TRIBUNAL
Safety, Licensing Appeals and Standards Tribunals Ontario
Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Registrar of Motor Vehicles pursuant to Section 47(1) of that Act - to Suspend a Licence
Between:
B.R.
Appellant
and
Registrar of Motor Vehicles
Respondent
ORDER AND NOTICE OF INTENT TO DISMISS
Panel: Kevin Flynn, M.D., Member Joanne Foot, Member
Appearances: For the Appellant: No one appeared For the Respondent: Sonia de Santis, Agent
Teleconference Hearing
ORDER AND NOTICE OF INTENT TO DISMISS
BACKGROUND:
1This is an appeal to the Licence Appeal Tribunal (the “Tribunal”) by the appellant respecting a decision of the Registrar of Motor Vehicles (the “Registrar”) pursuant to Section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
2The hearing in this matter was initially scheduled to take place by teleconference on August 21, 2017.
3The hearing scheduled for August 21, 2017 was rescheduled on consent to November 22, 2017 by Order dated August 21, 2017.
4The issue to be determined at the hearing is whether the appellant suffers from a medical condition, namely problematic alcohol/traumatic brain injury, likely to significantly interfere with his ability to drive safely.
5Neither the appellant nor anyone on his behalf attended at the teleconference hearing on November 22, 2017. The Tribunal made several attempts to contact the appellant on November 22, 2017, but was not successful in reaching him. No one contacted the Tribunal on that date to advise that the appellant could not attend.
6Rule 3.4(d) of the the Tribunal’s Rules of Practice and Procedure, Version 1 (April 1, 2016) provides that the Tribunal may dismiss an appeal when it is abandoned. When a party fails to attend before the Tribunal for his hearing, the Tribunal may consider the party’s proceeding as having been abandoned and may dismiss the matter.
7The Tribunal therefore finds that this appeal should be treated as abandoned and intends to dismiss the appeal unless sufficient reason is provided by the appellant as to why his appeal should not be dismissed.
ORDER:
8Pursuant to the Statutory Powers Procedure Act, R.S.O. 1990, c. S 22, and Rule 3.5 of the Tribunal’s Rules of Practice and Procedure, Version 1 (April 1, 2016), the Tribunal hereby gives notice to the appellant that it intends to dismiss this appeal unless, within the time frame specified below, the appellant provides sufficient reason why the proceeding should not be dismissed.
9The appellant may, not later than December 29, 2017, provide written submissions to the Tribunal as to why the appeal should not be dismissed, including an explanation of the appellant’s failure to attend or have an authorized agent attend on his behalf at the scheduled teleconference hearing.
10If the appellant fails to provide sufficient reasons why the appeal should be continued, the Tribunal shall issue a final Order dismissing the appeal.
LICENCE APPEAL TRIBUNAL
____________________________ Kevin Flynn, M.D., Member
____________________________ Joanne Foot, Member
Released: December 11, 2017
The hearing will follow the procedures set out in the Tribunal’s rules of practice and procedure and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
If you satisfy the Tribunal that holding the hearing by teleconference is likely to cause you significant prejudice, the Tribunal will hold the hearing in person. Requests for an in-person hearing should be made in writing, sent to the Tribunal and the other parties, and should indicate why you believe that a teleconference hearing would cause you significant prejudice.
If you do not attend the hearing, the Tribunal may make a decision in your absence and you will not be entitled to any further notice in the proceeding.
The hearing will be open to the public and the documents submitted by the parties may be made available to the public unless the Tribunal orders otherwise.
Non-compliance with the Tribunal’s orders or directions may result in further procedural orders or directions, including the dismissal of the application.
If the parties reach an agreement on the issue(s) in dispute, the appellant shall immediately advise the Tribunal in writing.
If you require an accommodation to participate in a Tribunal proceeding, or, information about the Tribunal's processes, including its rules of practice please contact the Tribunal by phone at 416-314-4260 or toll-free at 1-800-255-2214. If you are using a TTY device you can call us at 416-916-0548 or TTY toll-free at 1-844-403-5906. For the Tribunal’s Accessibility Policy, please see our website at www.slasto.gov.on.ca/en/AABS
Pour obtenir des services en français veuillez communiquer avec le Tribunal au (416) 314-4260.