Appeal under section 20 of the Horse Racing Licence Act, S.O. 2015, c. 38, Sched. 9, from a Notice of Proposal to Refuse to Issue a Licence under the Act
Between:
Christopher Schlueter
Appellant
and
Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996
Respondent
DECISION AND ORDER
Adjudicator: Colin Osterberg, Member
Appearances:
For the Appellant: November Davies, Paralegal
For the Respondent: Aviva Harari, Counsel
Heard by Teleconference: December 17, 2021
REASONS FOR DECISION AND ORDER
OVERVIEW
1Christopher Schlueter (the "appellant") seeks to appeal a Notice of Proposal to Refuse to issue a licence as a Horseperson (“Notice of Proposal”) under the Horse Racing Licence Act, S.O. 2015, c. 38, Sched. 9 (the "Act”).
2The Notice of Proposal was issued September 10, 2021 and was sent to the appellant by email and regular mail. The appellant denies ever receiving the emailed Notice of Proposal and says that he received the mailed copy on October 21, 2021. The Final Order refusing the appellant’s application for a licence was issued on October 12, 2021. It was also sent to the appellant by email and regular mail. The appellant received the emailed Final Order the same day it was sent, and he emailed the Registrar on October 13, 2021 stating that he intended to appeal. The Notice of Appeal was filed on December 2, 2021.
3Section 20(3) of the Act provides that appeals must be delivered to the Registrar and the Tribunal in writing within 15 days after the Notice of Proposal is served on the appellant. The appellant admits receiving the Final Order on October 12, 2021 and the Notice of Proposal on October 21, 2021. In either case the Notice of Appeal was delivered after the 15-day appeal period under the Act had expired. If we use October 12, 2021 as the start date for the appeal period, then the appeal was filed 36 days late. If we use October 21, 2021, the appeal was 27 days late.
4The appellant brought a motion to extend the time for filing an appeal.
5For the reasons given below, I find that the justice of this case does not warrant an extension of the time for filing the appeal. The appellant’s motion is denied.
ANALYSIS
6Section 7 of the Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sch G gives the Tribunal the discretion to grant an extension of time where there are reasonable grounds for applying for the extension and for granting relief.
7In Manuel v. Registrar of Motor Vehicle Dealers Act, 2002, 2012 ONSC 1492, the Divisional Court ruled that, on a motion to extend the time to appeal, the overriding consideration is whether the justice of the case requires that the extension be granted. The factors to be considered in making that determination are:
a) the existence of a bona fide intention to appeal within the appeal period;
b) the length of the delay;
c) prejudice to the other party; and
d) the merits of the appeal.
8I have considered the evidence