Court File and Parties
COURT FILE NO.: 631/02
DATE: 20031003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCRAE, DUNNET and JENNINGS JJ.
B E T W E E N:
MARY SCHMIDT
Applicant (Respondent)
- and -
TRAVEL INDUSTRY COUNCIL OF ONTARIO
Respondent (Appellant)
Angela Alaimo, for the Applicant
Trevor C. D. Branion, for the Respondent
HEARD: October 3, 2003
Oral Reasons for Judgment
JENNINGS J.: (Orally)
[1] The Travel Industry Council of Ontario appeals the decision of the Licence Appeal Tribunal which allowed a claim for compensation in the amount of $13,919.92, made by the respondent, a travel agent. In arriving at its decision the Tribunal substituted its own finding of the date which was “the event giving rise to the claim” for the date found by the Board. It clearly had the right to do so pursuant to the provisions of 62(6) of the Regulation made under the Travel Industry Act. The date found by the Tribunal was reasonable.
[2] The Legislation governing the creation of the Tribunal does not require the Tribunal to provide reasons for its decision. However, the written reasons provided by the Tribunal were sufficient to allow the appellant the opportunity to know why the decision was reached.
[3] We see no error in the decision of the Tribunal and the appeal is dismissed.
MCRAE J.
[4] The appeal book will read: “This appeal is dismissed for oral reasons delivered by Jennings J. Costs to the respondent fixed at $4,000.
MCRAE J.
DUNNET J.
JENNINGS J.
Date of Reasons for Judgment: October 3, 2003
Date of Release: October 10, 2003
COURT FILE NO.: 631/02
DATE: 20031003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MCRAE, DUNNET and JENNINGS JJ.
B E T W E E N:
MARY SCHMIDT
Applicant (Respondent)
- and -
TRAVEL INDUSTRY COUNCIL OF ONTARIO
Respondent (Appellant)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: October 3, 2003
Date of Release: October 10, 2003