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 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
DISMISSAL ORDER
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
November 22, 2017
DISMISSAL ORDER
BACKGROUND:
1By notice of appeal dated July 19, 2017, the appellant appealed the decision of the Registrar of Motor Vehicles dated July 7, 2017 pursuant to Section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 to suspend his driver’s licence.
2The case conference in this matter was held by teleconference on August 8, 2017, at which time the hearing was 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.
4At 10:00 a.m. on November 22, 2017, the time scheduled for the commencement of the teleconference hearing, no one appeared on behalf of the appellant. The hearing was delayed for thirty minutes and staff attempted, without success, to contact the appellant.
5The Tribunal therefore issued a Notice of Intent to Dismiss pursuant to the Statutory Powers Procedures Act, R.S.O. 1990 c S.22 and Rule 3.5 of the Tribunal’s Rules of Practice, Version 1 (April 1, 2016). The Notice was released on December 11, 2017, and set out the reasons for the Notice, and provided the appellant with the opportunity to make written submissions to the Tribunal as to why the appeal should not be dismissed. Submissions were to be made no later than December 29, 2017.
6As of the date of this Order, the Tribunal has not received any submissions from the appellant nor has any representative of the appellant contacted the Tribunal to make inquiries regarding the process by which submissions might be made. Therefore, we conclude that the appellant has abandoned the appeal.
ORDER:
7Pursuant to the Statutory Powers Procedure Act, R.S.O. 1990, c. S 22, and to Rule 3.4(d) of the Tribunal’s Rules of Practice, Version 1 (April 1, 2016), the Tribunal orders that the appeal is dismissed. The Tribunal’s file shall be closed as of the date of this order.
____________________________ Kevin Flynn, M.D., Member
____________________________ Joanne Foot, Member
Released: January 25, 2018