Licence Appeal Tribunal File Number: 17736/HTA
An appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a decision of the Minister of Transportation to downgrade a licence pursuant to Section 32(5) of the Act.
Between:
Simranjeet Singh Gill
Appellant
-and-
Registrar of Motor Vehicles and Minister of Transportation
Respondent
AMENDED DECISION
ADJUDICATOR:
Colin Osterberg, Vice-Chair
Notice Issued:
BACKGROUND
1Simranjeet Singh Gill (the “appellant”) appeals from the decision of the Minister of transportation to downgrade his Class A licence under s. 32(5) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
2By letter dated October 10, 2025, the Minister provided the appellant with notice that the appellant’s licence would be downgraded from a Class A licence to a Class G(Z) licence on October 14, 2025. At a hearing of the appellant’s related appeal regarding a previous s. 47(1)(g) suspension of his licence, the Minister clarified that the decision to downgrade the appellant’s licence was made pursuant to s. 32(5)(b)(ii) of the Act for failing to successfully complete an examination or to meet other prescribed requirements.
3The right to appeal a Minister’s decision made under s. 32(5) of the Act is set out in s. 50(1) of the Act which provides that every person aggrieved by a decision of the Minister made under s. 32(5) for which there is a right of appeal pursuant to a regulation made under s. 32(14)(n)…may appeal the decision to the Tribunal.
4Ontario Regulation 340/94 (“Regulation”) prescribes the kinds of decisions which may be appealed to the Tribunal and states that a decision made by the Minister under s. 32(5)(b)(i) of the Act is a decision a person may appeal under s. 50 of the Act.
5There is no regulatory provision that creates a similar right to appeal decisions made by the Minister to suspend a licence for failing to submit to or to successfully complete an examination under s. 32(5)(b)(ii) of the Act. Decisions made by the Minister to suspend a licence under s. 32(5)(b)(ii) are therefore not decisions that a person may appeal to the Tribunal.
6Therefore, it appears the Tribunal does not have jurisdiction to adjudicate the appeal relating to the decision made by the Minister to downgrade the appellant’s licence.
The Tribunal’s Authority to Dismiss an Appeal without a Hearing
7Rule 3.4(b) of the Licence Appeal Tribunal Rules, 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.
8Rule 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.
9Pursuant to Rule 3.5 of the Rules, on November 10, 2025, 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 appellant made submissions to the Tribunal by email dated November 13, 2025. In his submissions the appellant argues that the appeal should not be dismissed because of errors made by the Minister in its determination as to whether the appellant’s licence should be downgraded. The appellant does not make any submissions setting out the authority of the Tribunal to determine issues relating to decisions made by the Minister under s. 32(5)(b)(ii) of the Act.
10I find that the Tribunal does not have jurisdiction to hear the appellant’s appeal.
ORDER
11The appeal with respect to the Minister’s decision to change the appellant’s class of licence under s. 32(5)(b)(ii) of the Act is dismissed.
LICENCE APPEAL TRIBUNAL
Colin Osterberg, Vice-Chair
Released: April 17, 2026