S.B.-P. v. Registrar, Motor Vehicle Dealers Act, 2002, 2018 CanLII 128758

Licence Appeal Tribunal

Date: 2018-09-21

Appeal from the Notice of Proposal of the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B - to refuse the registration of S.B.-P. as a motor vehicle salesperson under the Act

Between:

S.B.-P.

Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

MOTION ORDER

Order Made By: Jeanie Theoharis, Vice-Chair

Heard in Writing: September 21, 2018

Date of Order: September 21, 2018

1The parties attended a case conference on March 23, 2018. A case conference order was issued on April 20, 2018. The order indicated that the appeal proceed to a three day in-person hearing. An oral hearing is scheduled to be held from September 26 to 28, 2018.

2Paragraph 9 of the case conference order indicated that the hearing be recorded by the respondent pursuant to Rule 13.3 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version 1 (October 2, 2017). The order also provided that the respondent may make a request to have the hearing recorded under Rule 13.2.

3On or about September 18, 2018, the respondent requested and provided written submissions to the Tribunal that the Tribunal record the hearing pursuant to Rule 13.2. The appellant consents.

4Rule 13.2 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017) permits a party to request that the Tribunal record the hearing.

On review of the submissions of the parties to have the Tribunal record the hearing, I order as follows:

5Due to the nature of the appeal and the length of the hearing, it would be useful and beneficial to all participants to have the hearing recorded. The hearing will be recorded as follows:

a. The Tribunal will arrange for and pay for a court reporter to audio record the hearing.

b. A party may request, from the court reporter in attendance at the hearing, a copy of the audio recording and/or transcript of the hearing. The requesting party will be responsible for the costs of obtaining a copy of the audio recording and/or a transcript of the hearing.

c. The parties and Tribunal may use the audio recording for judicial review and appeal purposes, subject to the requirements of the Statutory Powers and Procedures Act and Rules of Civil Procedure, as they apply to appeals or judicial review.