Licence Appeal Tribunal File Number: 15272/TIA
In the matter of an appeal from a Notice of Proposal issued by the Registrar, Travel Industry Act, 2002 to revoke registration.
Between:
1407476 Ontario Ltd. o/a Proway Tours and Transportation
Appellant
and
Registrar, Travel Industry Act, 2002
Respondent
DECISION and ORDER
ADJUDICATOR:
Bruce Stanton
APPEARANCES:
For the Appellant:
Doug Matthews, self-represented
For the Respondent:
Dorian Werda, Registrar
Husein Panju, Counsel
Karan Sharma, Counsel
Heard by videoconference:
February 2, 2024
OVERVIEW
1Pursuant to s. 11(5) of the Travel Industry Act, 2002, S.O. 2002, c. 30, Sched. D (the “Act”), 1407476 Ontario Ltd. o/a Proway Tours & Transportation (the “appellant”), appeals from a Notice of Proposal (“NOP”) issued to it from the Registrar, Travel Industry Act, 2002 (the “Registrar”) on September 18, 2023, to revoke its registration.
2The Registrar issued its NOP pursuant to s. 11(1) and 11(2) of the Act because it claims the appellant has routinely and repeatedly ignored filing due dates for financial statements and that the appellant’s inattention to these obligations of registration disentitle it to registration. The NOP cited the appellant’s non-compliance with filing its 2022 financial statements within the required timeframe.
PRELIMINARY ISSUE
3The parties did not raise a preliminary issue; however, at the outset of the hearing, I sought submissions from the parties on a question of possible procedural prejudice against the appellant.
Will the Registrar’s addendums to the NOP prejudice the appellant?
4The grounds for disentitlement alleged in the NOP are that the appellant did not file its financial statements for 2022 and has been habitually late filing financial disclosures during the majority of years since it has been a registrant.
5The appellant has since filed its 2022 financial statements and the Registrar is no longer relying on that ground.
6Notices of Further and Other Particulars (“NFAOP”), dated October 23, 2023 and October 27, 2023, allege new grounds for revocation: that the appellant breached a Consent Order of the Tribunal from 2009 and a Conditions of Continued Registration Agreement from March 2023; and there are reasonable grounds for the belief that the appellant’s business will not be carried on in accordance with the law and with integrity and honesty, pursuant to s. 8(1)(d)(iv), and that it breached a condition of registration, pursuant to s. 8(1)(f).
7In the NFAOP dated October 27, 2023, the respondent also withdrew the ground for disentitlement to registration pursuant to s. 8(1)(d)(ii), that it had initially relied on in the NOP. The s. 8(1)(d)(ii) ground would require the Registrar to prove that, in regard to the financial position of the corporation, the appellant could not reasonably be expected to be financially responsible in the conduct of its business