Licence Appeal Tribunal
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002 to Revoke Registration
Between:
C.R.
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
ORDER
Order Made By: Jeanie Theoharis, Vice-Chair
Date of Order: March 1, 2019
OVERVIEW
1The appellant appeals the respondent’s July 18, 2018, Notice of Proposal to revoke Curtis L. Rayner’s registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002. The Notice of Proposal alleges that the appellant’s past conduct, with respect to his criminal history; and alleged false statements made on his registration/renewal applications as a salesperson are inconsistent with the intention and objective of the Act, and warrant disentitlement to registration.
2The appellant filed an appeal with the Licence Appeal Tribunal on July 27, 2018.
3The parties participated in two case conferences on October and November 2018. Following the November case conference, the parties agreed to proceed to a hearing on March 4 and 5, 2019.
4In February 2019, the appellant requested an adjournment of the hearing. The respondent agreed to the adjournment and the alternative agreed upon dates were March 25, 26, or 27, 2019.
Adjournment Consideration
5The Tribunal looks to ensuring there is a fair, open and accessible process, and that proceedings before the Tribunal are resolved in an efficient, proportional and timely manner, without sacrificing natural justice and procedural fairness.
6The hearing is adjourned to end of March 2019, dates agreed to by the parties in the adjournment request. I am granting the adjournment because it is on consent, it is a short delay, and to allow the parties a further opportunity to discuss settlement of the proceeding at their leisure. Since the issuance of the Notice of Proposal to revoke the appellant’s registration as a salesperson, the appellant, in November 2018, had his registration renewed, and has been registered and employed as a salesperson.
7As part of the adjournment request, the appellant requests that the hearing be adjourned pending resolution of a separate proceeding against the appellant at the Superior Court of Justice related to the criminal charges noted on the Notice of Proposal. The appellant indicates that the outcome of the criminal trial is relevant to the outcome of the Tribunal’s decision; that the appellant cannot testify as a witness at the Tribunal hearing as it would violate his Charter rights; and that any statements or information provided by the appellant at the Tribunal hearing could be used against him at his criminal trial. I am not adjourning the hearing to a time following the completion of the criminal court matter.
8The issue regarding deferring a hearing until after the completion of the appellant’s criminal charges was already addressed at the November case conference. Despite the issue of deferring the hearing until after the criminal trial, the member proceeded to schedule this for a hearing, and the parties, agreed to schedule the hearing to take place on March 4 and 5, 2019. The case management order also addressed case management procedures to prepare for the hearing.
9Also, the issues to be addressed at the Tribunal in relation to this proceeding are different than the issue to be addressed at the Superior Court of Justice. In particular, the Notice of Proposal notes the reason for its issuance relates to the appellant’s past conduct and provision of false statements on various applications submitted by the appellant. Whereas the issue, and evidence to be presented, at the Superior Court of Justice will specifically relate to the appellant’s innocence or guilt to the pending criminal charges.
In consideration of the appellant’s adjournment request, I order the following:
10The hearing is adjourned. The hearing dates of March 4 and 5, 2019 are vacated.
11The 2-day in person hearing shall take place on March 26 and 27, 2019, commencing at 9:30 a.m. The hearing location will be confirmed in the Notice of Hearing to be issued by the Tribunal.
12The adjournment is marked peremptory on the appellants. The appellants ought to be prepared to proceed with the hearing on the next scheduled hearing dates, and further adjournments would not likely be granted, save and except for extraordinary circumstances.
13If the parties reach an agreement on the issues in dispute prior to the hearing, they shall immediately advise the Tribunal. If the appellant decides to withdraw his appeal, he 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 https://slasto-tsapno.gov.on.ca/lat-tamp/en/general-service/forms/.
14Except for the provisions contained in this order all previous Orders made by the Tribunal remain in full force and effect.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: March 1, 2019