Licence Appeal Tribunal File Number: 15339/MED

An appeal under the Highway Traffic Act, R.S.O. 1990, c. H.8, from a driver’s licence suspension under section 46 of the Act.

Between:

Kyle Fearon

Appellant

-and-

Registrar of Motor Vehicles

Respondent

Dismissal Order

VICE-CHAIR: Colin Osterberg

Date: December 4, 2023

OVERVIEW

1Kyle Fearon (the “appellant”) appeals the decision of the Registrar of Motor Vehicles (the “Registrar”) to suspend his driver’s licence.

2The appeal was filed on November 8, 2023.

3According to the appellant’s Notice of Appeal, and attached documentation, the appellant’s driver’s licence was suspended on September 26, 2023. On that date, the Registrar of Motor Vehicles (“Registrar”) sent the appellant a letter advising him that his licence had been suspended under s. 46 of the Highway Traffic Act (the “Act”) for non-payment of fines.

4There is no statutory or regulatory provision that creates a right to appeal the suspension of a driver’s licence under s. 46 of the Act to the Tribunal.

The Tribunal’s Authority to Dismiss an Appeal without a Hearing

5Rule 3.4(b) of the Licence Appeal Tribunal Rules (August 21, 2023) (“Rules”) provides that the Tribunal may dismiss an appeal without a hearing when the appeal relates to matters that are outside the Tribunal’s jurisdiction.

6Rule 3.5 of the Rules sets out the procedure for dismissing an appeal without a hearing and requires that, before dismissing an appeal under this Rule, the Tribunal shall:

(a) Give the parties notice of its intention to dismiss;

(b) Provide the reasons for its intention to dismiss;

(c) Inform the parties of their right to make written submissions to the Tribunal within the time limits set out in the notice, which shall be at least 5 days; and

(d) Consider any written submissions provided.

7Pursuant to Rule 3.5 of the Rules, on November 23 2023, the parties were given notice of the Tribunal’s intention to dismiss the appeal without a hearing, and were provided with the reasons for its intention to dismiss. The parties were given until November 30, 2023, to make submissions. No submissions were received.

Conclusion

8I find that the Tribunal does not have jurisdiction to hear the appellant’s appeal.

ORDER

9The appeal is dismissed.