Tribunals Ontario Safety, Licensing Appeals and Standards Division Box 250
Toronto ON M7A 1N3
Tel: 1-844-242-0608
Fax: 416-327-6379 Website: www.slasto-tsapno.gov.on.ca
Tribunaux décisionnels Ontario Division de la sécurité des appels en matière de permis et des normes
i.
Boîte no 250
Toronto ON M7A 1N3
Tél. : 1-844-242-0608
Téléc. : 416-327-6379 Site Web : www.slasto-tsapno.gov.on.ca
RECONSIDERATION ORDER
Before: D. Stephen Jovanovic, Associate Chair
File: 12490/MED
Case Name: D.H. and Registrar of Motor Vehicle
ORDER
1The appellant filed a request for reconsideration in this matter on February 26, 2020 in respect of a decision dated January 30, 2020.
2This request for reconsideration arises from an adjudicator’s decision confirming the Registrar’s decision to suspend the appellant’s driver’s license.
3Pursuant to the amended Rule 18.1 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure (February 7, 2019), requests for reconsideration will only be accepted if the request for reconsideration is made within 21 days of the date of the decision.
4As such, the appellant would have had to file the request for reconsideration by February 20, 2020. The appellant was advised on February 12, 2020 by the Tribunal’s registrar that any requests for reconsideration would have to be filed within 21 days. This was not done, and therefore, this request for reconsideration has been delivered outside the timelines to file a request for reconsideration.
5More importantly, in reviewing the appellant’s request, it does not meet the criteria for granting reconsideration pursuant to Rule 18.2. The appellant submits that she found the process unfair and prejudiced by having it on the phone because there were two representatives against one and that she would have had a different outcome had the hearing been in-person. The appellant also submits that it was unfair for the respondent to rely upon old medical documentation.
6One of the criteria listed in Rule 18.2 is whether the Tribunal acted outside its jurisdiction or violated the rules of procedural fairness. The request for reconsideration is vague and, in my view, provides no bases for reconsideration. While it is asserted the process was unfair there is no supporting analysis or evidence. The decision was clearly within the Tribunal’s jurisdiction and I cannot find any violation of the rules of procedural fairness.
7For the above listed reasons, the request for reconsideration is dismissed.
D. Stephen Jovanovic Associate Chair
Tribunals Ontario – Safety, Licensing Appeals
and Standards Division
Released: March 12, 2020