7 total
CVOR cancellation confirmed due to appellant's poor safety record and relation to a cancelled operator.
The appellant appealed a decision of the Registrar of Motor Vehicles cancelling its Commercial Vehicle Operator's Registration (CVOR) certificate and seizing its plates.
The Registrar argued the appellant was related to another company with a cancelled CVOR and had an exceptionally high overall violation rate of 82.3%.
The appellant failed to appear at the hearing.
The Tribunal found compelling evidence that the appellant was related to the cancelled operator and that its poor safety record provided reason to believe it would not operate commercial vehicles safely.
The Registrar's cancellation and seizure order was confirmed.
Tow operator and vehicle storage certificates cancelled due to high violation rate and undisclosed affiliations.
The appellant appealed the Director's decision to cancel its tow operator and vehicle storage certificates under the Towing and Storage Safety and Enforcement Act, 2021.
The Director alleged the appellant had a high CVOR violation rate, employed an unlicensed driver, and maintained an undisclosed affiliation with a former operator whose CVOR certificate had been cancelled.
The Tribunal found that the appellant contravened the Act and Regulation, failed to meet the prescribed qualifications, and posed a risk to the driving public.
The cancellation orders were confirmed.
Motion for stay of towing certificate cancellation denied due to lack of irreparable harm and public safety risks.
The appellant towing company sought a stay of the Director's orders cancelling its Tow Operator Certificate and Vehicle Storage Certificate pending an appeal.
Applying the RJR-MacDonald test, the Tribunal found there was a serious issue to be tried but the appellant failed to demonstrate irreparable harm.
Furthermore, the balance of convenience favoured denying the stay due to public safety concerns, given the appellant's high commercial vehicle violation rate and recent collision history.
The motion for a stay was denied.
Tow operator and vehicle storage certificates cancelled due to involvement in staged collisions and safety violations.
The appellant appealed the Director's cancellation of its tow operator and vehicle storage operator certificates under the Towing and Storage Safety and Enforcement Act, 2021.
The Director issued the cancellation order based on the appellant's involvement in staged collisions, failure to provide requested documents, and numerous safety violations by its drivers, including stunt driving and soliciting within 200 metres of collisions.
The Tribunal found that the appellant, as a corporation, was responsible for the actions of its employees and failed to satisfy the qualifications and requirements of the Act.
The Tribunal confirmed the cancellation order, finding it to be the only appropriate measure to protect the public given the severity of the violations.
Stay of towing licence cancellation granted pending appeal; appellant demonstrated irreparable harm and improved compliance.
The appellant towing company brought a motion for a stay of a cancellation order issued by the Director of Towing and Vehicle Storage Standards pending its appeal.
The Director had cancelled the appellant's certificates based on allegations of staged collisions and record-keeping deficiencies.
Applying the RJR-MacDonald test, the Tribunal found there was a serious issue to be tried, the appellant would suffer irreparable harm including potential business collapse if the stay was not granted, and the balance of convenience favoured the appellant given its implementation of new compliance protocols.
The motion for a stay was granted.
CVOR cancellation confirmed due to poor safety record and relationship with a suspended carrier.
The appellant appealed the Registrar of Motor Vehicles' order cancelling its Commercial Vehicle Operator's Registration (CVOR) certificate and seizing its plates.
The Tribunal found the appellant was related to another carrier whose safety certificate had been suspended in British Columbia, as the other carrier controlled the appellant's operations, truck leases, and insurance.
Given the related carrier's poor safety record and the appellant's own worsening violation rate—including hours of service violations, lack of insurance, and multiple collisions—the Tribunal concluded there was reason to believe the appellant would not operate commercial vehicles safely.
Appeal of vehicle impoundment withdrawn at motion hearing for extension of time.
The appellant appealed the 45-day impoundment of her motor vehicle under the Highway Traffic Act.
Because the appeal was filed late, she brought a motion for an extension of time.
At the motion hearing, the appellant confirmed she wished to withdraw her appeal.
The Tribunal closed the file.
