Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, (“the Act”) from a decision of the Registrar of Motor Vehicles to suspend a driver’s licence under subsection 47(1) of the Act.
Between:
Benjamin Wichers-Schreur
Appellant
-and-
Registrar of Motor Vehicles
Respondent
DISMISSAL ORDER
Order Made By: Dr. Erica Weinberg, Member
1This Order dismisses as abandoned an appeal by Benjamin Wichers-Schreur (the “appellant”) from a decision of the Registrar of Motor Vehicles (the “Registrar”) to suspend his driver’s licence under subsection 47(1) of the Highway Traffic Act. The appellant’s file was perfected by the Tribunal on July 12, 2022.
2On July 15, 2022, the Tribunal emailed a Notice of Case Conference to the appellant at the email address he provided. The Notice of Case Conference confirmed that the case conference would take place on July 22, 2022 at 9:30 a.m. by teleconference. The instructions for dialing into the case conference were provided in the Notice of Case Conference. On the afternoon of July 21, 2022, the Tribunal received a copy of email correspondence between the parties. The email correspondence, originating from the respondent, indicated that upon further review of the medical reports submitted, the medical suspension under appeal had expired. Attached to the email was a copy of the appellant’s “Extended Driver Record Search For Criminal Code Convictions”, dated July 21, 2022 (“the record”). The email also indicated that for other reasons as noted in the record, the appellant could not operate any vehicle. Following receipt of this email, Tribunal staff both emailed and spoke to the appellant at the phone number he had provided. In a subsequent email sent by the Tribunal to the parties, Tribunal staff indicated that after speaking with the appellant, the appellant decided to proceed with the appeal unless he could receive verification that when he reapplied for his licence, no medical restrictions applied. Tribunal staff informed the appellant that he would need to check with the respondent/Ministry of Transportation on that matter and indicated, “Until I hear otherwise from the appellant, the hearing will proceed as scheduled”.
3The Tribunal did not receive any further correspondence from the appellant on July 21, 2022.
4On July 22, 2022 at 9:30 a.m., the appellant failed to appear at his scheduled case conference. While I and the agent for the Registrar waited at the case conference, Tribunal staff attempted to contact the appellant by phone and email. Their attempts to speak with the appellant directly were unsuccessful, despite calling the appellant three times and leaving two voice messages. In addition, Tribunal staff did not receive a response to their email. The appellant did not call into the case conference prior to the teleconference ending at 10:18 a.m.
5The Tribunal’s Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017) (“the Common Rules”) apply to this case. Under Rule 3.4(d) of the Common Rules, the Tribunal may dismiss an appeal without a hearing if the party filing the appeal has abandoned the proceeding.
6Rule 3.5 of the Common Rules sets out the procedure for dismissing an appeal without a hearing. The Tribunal must give notice of its intent to dismiss along with reasons for its intention to dismiss. It must also inform the parties of their right to make written submissions and the right to have those submissions considered.
7A Notice of Intent to Dismiss the appeal (“the Notice”) was emailed to the appellant on July 22, 2022. The Notice stated the reason for the dismissal was that it appeared that the appellant had abandoned his appeal. The Notice invited the parties, if they so wished, to make written submissions by 5:00 p.m. August 3, 2022 regarding the Tribunal’s intention to dismiss this appeal on the basis that it had been abandoned. The Notice also indicated that should the appellant decide to withdraw his appeal prior to August 3, 2022 he could do so by filing a Notice of Withdrawal, available at https://tribunalsontario.ca/lat/general-service/forms/, and serving a copy of the Notice of Withdrawal on the Registrar, and filing a copy with the Tribunal. At the case conference, the respondent indicated that the Registrar did not intend to make written submissions regarding the Notice. The appellant neither provided written submissions nor contacted the Tribunal since the Notice was issued. Around 10:00 a.m. on August 4, 2022, Tribunal staff left a voicemail message for the appellant to call or submit a Notice of Withdrawal. The appellant did not contact the Tribunal on August 4, 2022.
8In considering the above, I conclude that the appellant has abandoned his appeal. I reach this conclusion for the following reasons: i) he did not notify the Tribunal of a change in email address or phone number; ii) he had been given proper notice of the case conference scheduled for July 22, 2022; iii) the Tribunal’s attempts to reach him during the case conference were unsuccessful; iv) he did not return the Tribunal’s messages following the case conference or otherwise give any reason for his non-attendance; v) he failed to file any written submissions to the Notice, despite being given proper notice; and vii) he did not respond to the voicemail message left by the Tribunal on August 4, 2022.
I ORDER AS FOLLOWS:
1In accordance with Rule 3.4 of the Common Rules, I order that this appeal be dismissed as abandoned.
2I order that this case file be closed.
LICENCE APPEAL TRIBUNAL
Erica Weinberg, Member
Released: August 05, 2022