Licence Appeal Tribunal
Safety, Licensing Appeals and Standards Tribunals Ontario
Tribunal d’appel en matière de permis Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario
Appeal from a Decision of the Registrar under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 to Revoke a Licence and Immediately Suspend a Licence
Between:
Niagara Funeral Alternatives, Inc.
Appellant
and
Registrar, Bereavement Authority of Ontario
Respondent
ORDER
Order Made By:
Jeanie Theoharis, Vice-Chair
October 20, 2017
The appellant requested a hearing to address the Registrar’s Notice of Proposal to revoke and order to immediately suspend the appellant’s Transfer Service Operator – Class 1 licence pursuant to Sections 17(2) and 19 of the Funeral, Burial and Cremation Services Act.
The teleconference hearing commenced on October 20, 2017. George Walker and Christopher Raimondo, counsel for the appellant attended; as well as Elizabeth Maishlish, counsel for the respondent. Christina Sefcik, from the Bereavement Authority of Ontario attended for observational purposes only.
The appellant’s counsel requested that the merits of the case be presented after the parties were provided the opportunity to exchange documents, and after a case conference discussion was completed. Moreover, one of the appellant’s counsels was going to be away commencing October 21 for a short period of time and would be unable to continue the hearing in October.
The respondent was concerned about the immediate suspension of the licence. Under section 19(3) of the Act, the order for immediate suspension expires 15 days after the appellant’s written request for a hearing is received by the Tribunal, in this case, the order would have expired on or about October 26, 2017. The respondent agreed to adjourn the hearing provided that an order be issued to extend the time of expiration until the hearing is concluded, pursuant to section 19(3)(b) of the Act. The parties agreed to extend the time of the expiration of the order for immediate suspension of the appellant’s Transfer Service Operator – Class 1 licence until the hearing is concluded. The adjournment was granted.
The parties acknowledged that they have set up a meeting on November 8, 2017 at 1:00 p.m. at the Bereavement Authority of Ontario to discuss this matter. The parties agreed to adjourn the hearing to another date. Only procedural matters were discussed at the hearing, and the parties did not present any evidence.
Further to the hearing held on October 20, 2017, I order the following:
1On consent, the expiration of the Order to immediately suspend the appellant’s Transfer Service Operator – Class 1 is extended until the hearing is concluded.
2The issue to be decided is as follows:
a. Whether Niagara Funeral Alternatives, Inc. is entitled to a Transfer Service Operator – Class 1 licence?
3The parties agreed to attend a case conference on November 14, 2017, at 1:30 p.m. via telephone. At that time, the parties are directed to call the number below:
Toll-free dial-in number: <telephone number removed>
Local dial-in number: <telephone number removed>
Conference ID: <Access code removed>
4The parties shall comply with Rule 14 of the Tribunal’s Common Rules of Practice & Procedure (October 2, 2017). In particular, the appellant shall attend at the case conference and be prepared to discuss and consider the issues as noted in Rule 14 of the Tribunal’s Common Rules.
5Based on estimations made at the hearing, the parties agreed that five additional hearing days be scheduled to take place on November 30, December 1, 4, 6, and 7, 2017 at 20 Dundas Street, 5th floor, Toronto, Ontario, commencing at 9:30 a.m.
6Both parties agree that they will exchange with each other witness statements containing a brief outline of their intended evidence by November 10, 2017.
7The appellants agree to provide to the respondent all the documents they intend to rely upon at the hearing by November 10, 2017.
8The respondent has already given the appellant documents it intends to rely upon at the hearing. However, if the respondent has any further documents that it intends to rely upon, it agrees to provide the appellant with the documents by November 10, 2017.
9The parties agree to work together to prepare and file an Agreed Statement of Fact. The parties shall file the Agreed Statement of Fact with the Tribunal by November 10, 2017.
10The parties shall exchange with each other a book of authorities they intend to rely upon at the hearing by November 20, 2017.
11The Registrar intends to call expert witnesses. The parties agree to comply with Rule 10 of the Tribunal’s Common Rules.
12The parties may record the hearing. The parties acknowledged that they will arrange for a certified court reporter to attend on the remaining hearing dates and agreed that they will share the costs associated with having a certified court reporter attend for the remainder of the hearing.
13The parties shall number their documents consecutively, include the file name as a reference on each document (11018/FBCSA), and refer to the Tribunal’s website (www.lat.gov.on.ca) for further information, as needed. The parties shall file a Certificate of Service with the Tribunal to verify that a copy of all materials have been served to the other party in accordance with the Tribunal’s Rules of Practice.
14There was no indication at the case conference that any accommodation is required for the hearing.
15The parties shall be prepared to present their evidence and submissions to the hearing member on the next scheduled hearing date.
16If the parties reach an agreement on the issues in dispute prior to the next scheduled hearing date, they shall immediately advise the Tribunal. If the appellant decides to withdraw its appeal, it shall serve the respondent and file with the Tribunal a copy of the Notice of Withdrawal. The Tribunal will thereafter cancel the hearing. The Tribunal’s Notice of Withdrawal is available at www.lat.gov.on.ca.
17The Tribunal’s Common Rules of Practice and Procedure, Version 1 (October 2, 2017) apply to this appeal, except where varied by this Order.
18The case management process set out in this Order may be modified subject to the submissions from the parties as deemed fit.
19Nothing in this Order affects any requirement under the Act.
LICENCE APPEAL TRIBUNAL
_______________________
Jeanie Theoharis, Vice-Chair
Released: November 3, 2017