SMC Group of Companies Inc. v. Registrar of Motor Vehicles, 2025 CanLII 114346

Licence Appeal Tribunal

Licence Appeal Tribunal File Numbers: 17861/CVOR and 17862/CVOR

In the matter of a motion seeking a stay of an order to suspend a Class A driver’s licence pursuant to s. 47(2) of the Highway Traffic Act, R.S.O. 1990, Ch. H8 (the “Act”).

Between:

SMC Group of Companies Inc. o/a SMC Towing Group and D&M Tilt ‘N Load Inc.

Appellants

and

Registrar of Motor Vehicles

Respondent

MOTION DECISION

VICE-CHAIR: Jan Dymond

APPEARANCES:

For the Appellants: No Submissions

For the Respondent: No Submissions

HEARD: In writing

OVERVIEW

1SMC Group of Companies Inc. o/a SMC Towing Group (Tribunal file #17861/CVOR) and D&M Tilt ‘N Load Inc. (Tribunal file #17862/CVOR) appeals from the Fleet Limitation Order of the Registrar of Motor Vehicles (“the respondent”) issued to SMC Group of Companies and D&M Tilt ‘N Load dated October 9, 2025. The appellant filed an appeal on October 10, 2025.

2A case conference for the matter is scheduled to take place on November 19, 2025. A hearing on the appeal of the fleet limitation order has not been scheduled.

3The appellant also filed a Notice of Motion with the Tribunal on October 10, 2025, seeking a stay of the fleet limitation order until the Tribunal has rendered a final determination at the hearing.

ISSUE

4The issue to be determined is:

i. Whether the fleet limitation order should be stayed pending conclusion of the hearing on the merits of the suspension.

ANALYSIS

5The parties were ordered by the Tribunal to provide submissions on the appellant’s motion according to the following schedule:

i. The appellant must file its submissions no later than October 21, 2025;

ii. The respondent must file its submissions no later than October 24, 2025;

iii. The appellant may file reply submissions no later than October 28, 2025.

6No submissions were received from either party; however, the respondent advised the appellant and the Tribunal via an email dated October 16, 2025, of its position that a stay is already in effect as a result of the appeal and that it is not necessary for the appellant to bring a motion for a stay.

7I agree with the respondent. Section 25 of the Statutory Powers Procedure Act, RSO 1990, c. S.22, (“SPPA”) states that an appeal acts as a stay unless another Act expressly provides to the contrary. Section 50(1.1) of the Act states that, despite the SPPA, an appeal of an order immediately suspending or cancelling a CVOR certificate does not stay the order unless the Tribunal orders otherwise. The Act however is silent with respect of a stay of a fleet limitation order. The fleet limitation order is subsequently stayed pursuant to s. 25 of the SPPA.

8As a result, the appellant’s motion seeking as stay of the fleet limitation order is moot as the stay is already in place. Therefore, the motion is denied.

ORDER

9The Tribunal Orders:

i. As the fleet limitation order is stayed pursuant to s. 25 of the SPPA, the motion to stay the Registrar’s fleet limitation order is denied.