Sumanpreet Deol v. Registrar of Motor Vehicles, 2025 CanLII 122671

Licence Appeal Tribunal

Licence Appeal Tribunal File Number: 17615/HTA

In the matter of an 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 licence pursuant to Section 47(1) of the Act.

Between:

Sumanpreet Deol

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR: Rupinder Hans

APPEARANCES:

For the Appellant: Gurinder Pal Multani, paralegal

For the Respondent: David Milner, Counsel

HEARD: By Teleconference October 28, 2025

OVERVIEW

1Sumanpreet Deol (the "appellant") appeals from the decision of the Registrar of Motor Vehicles (the "Registrar") to suspend his Class A driver's licence under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act").

2On September 2, 2025, the Registrar of Motor Vehicles ("Registrar"), sent a letter to the appellant suspending their Class A driver's licence under s. 47(1) of the Act.

3On October 10, 2025, the Registrar sent a letter to the appellant advising that, as of October 14, 2025, the appellant's driver's licence was no longer suspended and that his licence was downgraded to Class G(Z).

4A hearing in the matter was held on October 28, 2025. Mr. Gurinder Pal Multani appeared as the legal representative for the appellant, and Mr. David Milner as counsel for the Registrar. At the hearing, I dismissed the appeal as moot and gave oral reasons for that decision. Thereafter, the appellant requested written reasons for the decision.

PRELIMINARY ISSUES

Mootness

5At the commencement of the hearing, the Registrar advised it was taking the position that the suspension under 47(1) of the Act described in the letter dated, September 2, 2025, is no longer in effect. The Registrar submitted that the appellant was advised by letter dated October 10, 2025, that the suspension period of his driver's licence had changed, and that effective October 14, 2025 the suspension "will come to an end and your Ontario Class A(Z) driver's licence will be downgraded to Class G(Z)". The Registrar argues that, since the appellant's licence is no longer suspended under s. 47(1) of the Act, the appeal of the initial suspension under s. 47(1) is moot.

6The appellant does not dispute the contents of the letter dated October 10, 2025, and submits that the suspension has ended. The appellant submitted that he will likely file a separate appeal on the issue of the downgrade of his driver's licence.

7In Borowski v. Canada (Attorney General), 1989 CanLII 123(SCC) ("Borowski"), the Supreme Court of Canada held that a matter will be considered moot where deciding it will have no practical effect on the rights of the parties because there is no longer any "live controversy" between them. The Court in Borowski also held that a court (or in this case a tribunal) may exercise its discretion to adjudicate a moot matter despite the absence of a live controversy if the circumstances warrant it. The onus is on the appellant to satisfy the Tribunal that it should exercise its discretion to adjudicate a moot matter.

8In the present case, since there is no longer any suspension in effect and an order of the Tribunal would have no practical effect on the rights of the parties, I find that the appeal is moot.

9I am not satisfied that I should exercise the Tribunal's discretion to adjudicate the matter despite its being moot because the appellant has not met his burden to establish that I should exercise discretion to adjudicate the suspension. Instead, the appellant acknowledged the suspension has ended and advised he would likely file a separate appeal on the downgrade of his driver's licence.

Conclusion

10The appeal with respect to the Registrar's decision to suspend the appellant's licence under s. 47(1) is moot, and I will not exercise the Tribunal's discretion to adjudicate this appeal.

ORDER

11The appeal is dismissed.