Patrick Moore

The appellants appealed a Cancellation and Seizure Order of the Registrar of Motor Vehicles that terminated their right to operate trucks on Ontario highways due to a poor safety record.

The Tribunal confirmed the Order with respect to Great Lakes Offshore Services Inc., finding reasonable grounds to believe it would not operate commercial motor vehicles safely despite recent remedial efforts.

However, the Tribunal set aside the Order with respect to the Registration Identification Numbers (RIN) of Darrin Smith and Hoover's Marina Limited, finding no statutory authority in the Highway Traffic Act to cancel a RIN.

The appellant, a commercial trucking company, appealed a Cancellation and Seizure Order issued by the Registrar of Motor Vehicles due to its poor safety record.

The appellant argued that it had implemented a safety action plan and its violation rate was improving.

The Licence Appeal Tribunal found that the appellant's safety record was abysmal, placing it among the worst operators in Ontario, and that its reported mileage was inflated, masking its true violation rate.

The Tribunal concluded there were reasonable grounds to believe the appellant would not operate safely and confirmed the Cancellation and Seizure Order.

The Director of Vehicle Inspection Standards proposed to refuse to issue a Motor Vehicle Inspection Station (MVIS) licence and mechanic registration to the appellant due to a history of violations and convictions under the Highway Traffic Act.

The appellant appealed the proposal, arguing that the violations occurred during a period of significant personal disruption involving a difficult custody battle.

The Licence Appeal Tribunal found that the appellant's past conduct, viewed in the context of his family circumstances, did not provide reasonable grounds to believe he would fail to operate the station in accordance with the law and with honesty and integrity.

The appeal was allowed and the Director was ordered to reinstate the licence and registration.

The appellant appealed a 90-day administrative driver's licence suspension under section 50.1 of the Highway Traffic Act.

The Registrar of Motor Vehicles brought a motion to dismiss the appeal for lack of jurisdiction.

The appellant argued mistaken identity on the philosophical basis that he was not the same man he was five years ago, but admitted he was the person who provided the breath sample and whose licence was suspended.

The Licence Appeal Tribunal found that the only applicable statutory ground for appeal was mistaken identity in the literal sense.

Because the appellant admitted his identity, the Tribunal lacked jurisdiction to hear the appeal.

The motion was granted and the appeal was dismissed.

The appellant bus company appealed a Cancellation and Seizure Order of its Commercial Vehicle Operator's Registration (CVOR) certificate issued by the Registrar of Motor Vehicles due to an unsatisfactory safety record.

The Licence Appeal Tribunal found that while the appellant's history of non-compliance provided reason to believe it would not operate safely, its safety violation rate had improved since a previous 30-day suspension.

The Tribunal set aside the cancellation order but imposed a condition limiting the appellant's fleet to its current size of four vehicles for a period of 24 months to allow it a further opportunity to demonstrate safe operation.

The Registrar of Motor Vehicles requested a reconsideration of a Licence Appeal Tribunal decision that set aside the suspension of the appellant's driver's licence.

The Registrar argued the Tribunal erred by failing to consider whether there were 'other sufficient reasons' for the suspension under s. 47(1)(g) of the Highway Traffic Act, specifically the initial medical report and the appellant's failure to provide requested medical documentation.

The Executive Chair dismissed the request, finding the Tribunal did not make a significant error of law or fact, as it had properly considered the sufficiency of the evidence at the time of the hearing and reasonably declined to draw an adverse inference against the appellant.

The appellant appealed a 21-day suspension and seizure order of his Commercial Vehicle Operator's Registration (CVOR) certificate issued by the Registrar of Motor Vehicles.

The Registrar had escalated interventions over several years due to the appellant's poor safety record, high violation rates, and failure to maintain required records.

The Tribunal found that the Registrar had sufficient grounds to believe the appellant would not operate commercial vehicles safely, despite recent efforts to improve.

The suspension order was confirmed.

The appellants, two commercial trucking companies, appealed an order of the Registrar of Motor Vehicles cancelling their Commercial Vehicle Operators Registration (CVOR) certificates and seizing their plates due to poor safety records.

The Licence Appeal Tribunal found that the two companies were "related" within the meaning of the Highway Traffic Act, as they were managed by the same individual who shifted operations between them to avoid regulatory sanctions.

Given the companies' high violation rates, including at-fault collisions and log book violations, the Tribunal concluded the Registrar had reason to believe the appellants would not operate safely.

The appeal was dismissed and the cancellation order was confirmed.

The appellant appealed the Registrar of Motor Vehicles' decision to refuse to issue a Commercial Vehicle Operator's Registration (CVOR) Certificate.

The appellant had previously been issued a conditional CVOR, which required maintaining a safety violation rate under 50% and passing a facility audit.

The appellant failed the facility audit and exceeded the safety violation rate.

Furthermore, the appellant continued to operate commercial vehicles without a valid CVOR, demonstrating a disregard for highway safety laws.

The Licence Appeal Tribunal confirmed the Registrar's refusal to issue the CVOR.

The appellant brought a motion to extend the time to file an appeal of a Proposal to refuse to issue a motor vehicle inspection station licence and to refuse to register him as a mechanic.

The appeal was filed almost 16 months after the deadline.

Applying the Manuel factors, the Tribunal found no bona fide intention to appeal within the time limit, an excessive and largely unexplained delay, and insufficient evidence of merit to justify the extension.

The motion for an extension of time was denied.

The appellant appealed the Registrar of Motor Vehicles' refusal to issue a Commercial Vehicle Operator's Registration (CVOR) certificate.

The refusal was based on the poor safety records of two related trucking companies controlled by the same principal.

The Tribunal found that the related companies had conditional safety ratings and poor compliance records, and that the appellant's proposed safety management and succession plans were inadequate.

The Tribunal confirmed the Registrar's decision to refuse the CVOR certificate.

The Appellant appealed an order of the Registrar of Motor Vehicles suspending its Commercial Vehicle Operators' Registration (CVOR) certificate and seizing its plates for 10 days due to a high safety violation rate.

The Tribunal found that the Appellant failed to take responsibility for its safety record, blaming its drivers instead, and failed to implement promised remedial measures such as a new employee manual and retaining a consultant.

The Tribunal upheld the 10-day suspension as appropriate.

The applicants appealed a Notice of Proposal by the Director of Vehicle Inspection Standards to refuse to issue a Motor Vehicle Inspection Station licence and to refuse to register the individual applicant as a mechanic.

The refusal was based on numerous convictions for violations of the Highway Traffic Act, specifically failing to affix inspection stickers, and providing false information on a registration application.

The Licence Appeal Tribunal upheld the Proposal, finding that the applicants' repeated breaches of the law and lack of diligence provided reasonable grounds to conclude they would not operate their licensed activities in accordance with the law and with honesty and integrity.

The Applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate and seizing its plates due to an unacceptable safety record.

Despite a previous facility audit, a seven-day suspension, and a safety management plan, the Applicant's safety violation rate remained among the worst 0.4% of carriers in Ontario.

The Licence Appeal Tribunal found reason to believe the Applicant would not operate safely and concluded that a further suspension would be ineffective.

The Tribunal ordered the Registrar to carry out the cancellation and seizure order.

The applicant appealed an order of the Registrar of Motor Vehicles to suspend its commercial vehicle carrier's registration certificate and seize its plates.

The parties consented to an order without a hearing under s. 4.1 of the Statutory Powers Procedure Act.

The Tribunal ordered the suspension of the plate portions for all commercial motor vehicles and trailers issued in the applicant's name for a period of 15 days, with the applicant required to deliver the plates to the Registrar.

The applicant appealed the Registrar of Motor Vehicles' decision to refuse to issue a Commercial Vehicle Operator's Registration (CVOR) certificate and to seize its permits and plates.

The Registrar refused the application on the basis that the applicant was related to another trucking company whose CVOR certificate had been cancelled due to a poor safety record and outstanding fines.

The Tribunal found that the applicant's principals were previously 50% owners and managers of the cancelled company, establishing that the two corporations were related under the Highway Traffic Act.

The Tribunal concluded the applicant was created to continue the cancelled company's operations while avoiding its debts and safety record.

The appeal was dismissed, and the Registrar was directed to refuse the CVOR certificate and carry out the seizure order.

The Applicants appealed an order of the Registrar of Motor Vehicles cancelling their Commercial Vehicle Operators Registration (CVOR) certificates and seizing their plates.

The Registrar issued the order based on the Applicants' unacceptable safety violation rates, failed facility audits, and numerous out-of-service findings related to brakes and hours of service.

The Tribunal found that the Applicants deliberately misrepresented their kilometers travelled to artificially lower their safety violation rates.

Concluding that the Applicants had little respect for safety regulations, the Tribunal ordered the Registrar to carry out the cancellation and seizure order.

The applicant appealed an order of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operators Registration (CVOR) certificate and seizing its plates due to a poor safety record.

The applicant had previously been subject to a fleet limitation and performance conditions, which it failed to meet.

The Licence Appeal Tribunal found no evidence that the applicant's proposed action plan and safety training were implemented or produced positive results.

Concluding that the applicant would not operate safely, the Tribunal ordered the Registrar to carry out the cancellation and seizure order.

The Applicant appealed an order of the Registrar of Motor Vehicles suspending its Commercial Vehicle Operators Registration (CVOR) certificate for 30 days due to an unsatisfactory safety rating.

The Applicant had previously been given a chance to improve its safety record subject to performance conditions but failed to meet them, largely due to high conviction rates and reliance on consultants who failed to deliver services.

The Tribunal found reason to believe the Applicant would not operate safely but noted recent improvements in a Facility Audit.

The Tribunal reduced the suspension to 10 days, followed by a one-year period of performance conditions.

The applicant appealed a Notice of Proposal by the Director of Vehicle Inspection Standards to revoke his motor vehicle inspection station licence and mechanic's registration under the Highway Traffic Act.

At the commencement of the hearing, the applicant withdrew his appeal.

The Licence Appeal Tribunal accepted the withdrawal, resulting in the immediate revocation of the licence and registration.