Most Frequently Asked Questions

Transcription

1 LAT - Most Frequently Asked Questions Most Frequently Asked Questions Table of Contents LAT Brochures on the Appeal and Hearing Processes Appeal Forms LAT Rules of Practice and Practice Directions FAQs INTRODUCTION The general information provided on this web page is an overview of the Licence Appeal Tribunal ("LAT"). It is aimed at assisting you to understand the role and function of the Tribunal, as well as its appeal process. Understanding the process will help you feel comfortable and confident as you prepare for a hearing. Please note that the statutes and regulations, which come under LAT jurisdiction, are the official sources of information and should be read for definitive information. If you have other questions than those raised below, please contact the Tribunal. If LAT staff is unable to answer your questions or if the questions require a legal opinion, you will to discuss such question(s) with a solicitor or agent. Please keep in mind that the Tribunal's staff cannot provide you with legal advice. For any questions regarding the suspension of your driver's licence due to unpaid fees, or impaired charges, please contact the Driver Improvement Office at the Ministry of Transportation, at (416) or (toll free). This document is informational only. The Acts and their Regulations and the Licence Appeal Tribunal's Rules of Practice are the official sources of information and should be referred to for the ultimate answers. What is the Licence Appeal Tribunal ("LAT") for? Under which statutes can I file an appeal before the Licence Appeal Tribunal? Can I make an appeal? How much time do I have to file an appeal? Do I have to pay to file an appeal? How do I get started? How do I know if I have the grounds to appeal a Decision/Proposal/Order to LAT? Can I ask the Tribunal to hold a pre-hearing conference if I feel that the matter being disputed can be settled without the need of a hearing? Can I ask for my hearing to proceed by teleconference or in writing, if I can't appear in person? How do I find out about the pre-hearing or hearing date(s)? How are the pre-hearing/hearing dates set? Where will the hearing take place? Who will hear my appeal? How do I prepare my case for the hearing? When must I disclose the documents that I intend to rely on at the hearing? What evidence do I need to support my case? Who can be at an oral (in person) hearing? What happens at a hearing? When will the Tribunal give its decision? What is the possible result of an appeal to the Tribunal? (1 of 2)24/08/2006 4:42:30 PM

2 LAT - Most Frequently Asked Questions When does the Tribunal decision take effect? Can I ask for a review of LAT's decision? Can I appeal the Tribunal's Decision? Is the LAT appeal process a public process? Once I file an appeal, do I need to copy the other party(ies) when I correspondence with the Tribunal during the appeal process? Do I need a Lawyer or Agent to represent me? What if I need an interpreter for a hearing? What if I want a witness to attend my hearing but that witness will not come unless he or she is subpoenaed to attend? Do I have to disclose the name(s) of my witnesses to the other party(ies) and the Tribunal? Does the Tribunal record the hearings? Does the Tribunal provide copies of transcripts? What if I decide to withdraw my appeal? What if I want an adjournment of the hearing? What if I do not appear on the date set for the hearing and I do not notify the Tribunal? Where are the rules of procedure at the hearing set out? Does the Tribunal provide photocopying service for hearing participants? When can I pick up my exhibits? home what's new search site map feedback français Copyright Queen's Printer for Ontario Last Modified: July 15, (2 of 2)24/08/2006 4:42:30 PM

3 Most Frequently Asked Questions What is the Licence Appeal Tribunal ("LAT") for? LAT Brochures on the Appeal and Hearing Processes Appeal Forms LAT Rules of Practice and Practice Directions FAQs The Licence Appeal Tribunal (the "Tribunal") is an independent quasi-judicial administrative tribunal created on April 1, 2000, under the Licence Tribunal Act, 1999, to assume the mandates of four predecessors: the Commercial Registration Appeal Tribunal, the License Suspension Appeal Board, the Private Vocational Schools Review Board, and the Child and Family Services Review Board's licensing jurisdiction. L Members are appointed by Order-in-Council signed by the Lieutenant Governor of Ontario. The Tribunal is designed to give you a simple, timely and inexpensive way to settle disputes concerning compensation claims and licensing activities regulated by the Ministry of Consumer and Business Services, the Ministry of Transportation, the Ministry of Community, Family and Children's Services, the Ministry of Training, Colleges and Universities, and the Ministry of Municipal Affairs and Housing. As a quasi-judicial tribunal, LAT is subject to the rules of natural justice and the requirements of the Statutory Powers Procedure Act (available on the E-LAWS site which is linked to LAT website). The Tribunal hears an appeal and issues a written decision based on the evidence presented by the parties at the appeal Under which statutes can I file an appeal before the Licence Appeal Tribunal? Bailiffs Act - BA Building Code Act, BCA Section Designer Section Sewage Systems Section Registered Code Agency Cemeteries Act - CA Child and Family Services Act - C&FSA Collection Agencies Act - CPA Consumer Protection Act, CPA Consumer Reporting Act - CRA Day Nurseries Act - DNA Discriminatory Business Practices Act - DBPA Film Classification Act, 2005 Funeral Directors and Establishments Act - FDEA Highway Traffic Act - HTA Section 32(12)(b)(i) - Medical Section 47(1) - Medical and Commercial Vehicle Operator's Registration - Carrier Section 17(2),(3) - Commercial Vehicle Operation's Registration Section 48.3(2) - Administrative Driver's License Suspension Section Commercial Vehicle Impoundment and Suspension Section 95(1) - Motor Vehicle Inspection License - Garage Section 55.1(3) - Motor Vehicle Impoundment (1 of 8)24/08/2006 4:46:02 PM

4 Intercountry Adoption Act - IAA Loan Brokers Act - LBA Ministry of Consumer and Business Services Act - MCBS Motor Vehicle Dealers Act - MVDA Ontario New Home Warranties Plan Act - ONHWPA Paperback and Periodical Distributors Act - PPDA Private Career Colleges Act - PCCA Real Estate and Business Brokers Act - REBBA Travel Industry Act, TIA Truck Transportation Act - TTA Upholstered and Stuffed Articles Act Can I make an appeal? You can appeal to LAT, if you receive and disagree with a decision denying your claim, or if you are served with a Director's Order or a Registrar's Proposal under the above statutes and related sections. Once a person file an appeal with the Tribunal, we refer to this person as an Applicant. If the Applicant is a company, the person signing the notice of appeal on behalf of that company must have the company's authority to do so. How Much Time do I have to file an appeal? Specific kinds of decision/proposal/claim have to be filed within a certain length of time according to each statute which come under LAT jurisdiction. Under the following statutes, the appeal must be filed with the Tribunal within 15 days of you receiving the decision denying your claim or the proposal related to your licence/registration: Bailiffs Act Building Code Act, 1992 (on-site sewage systems) Section Designer Section Sewage Systems Section Registered Code Agency Cemeteries Act Collection Agencies Act Consumer Protection Act, CPA Consumer Reporting Act Discriminatory Business Practices Act Film Classification Act, 2005 Funeral Directors and Establishments Act Motor Vehicle Dealers Act Private Career Colleges Act Real Estate Business Brokers Act Travel Industry Act, 2002 Truck Transportation Act Upholstered and Stuffed Articles Act The appeal, under the following statutes, must be filed with the Tribunal within 10 to 15 days from receiving the Director s Order, depending on the statute and the type of decision that was made: Day Nurseries Act Child and Family Services Act Intercountry Adoption Act Under the Highway Traffic Act, the appeal period varies according to the type of appeal under specific sections (2 of 8)24/08/2006 4:46:02 PM

5 of the Act, as follows: Section 32(12)(b)(i) Medical Appeals must be filed with the Tribunal while the suspension or downgrade of the driver s licence is in effect. Note: once the suspension or downgrade period has lapsed, the Tribunal no longer had the legal authority to hear an appeal. Section 47(1)(b) Medical Same as above. Section 47(1)(c) -Commercial Vehicle Operator s Registration Carrier The appeal must be filed before the Registrar s Order takes effect. Section 48.3(2) Administrative Driver s Licence Suspension The appeal must be filed while the suspension is in effect. Section 55.1(3) Motor Vehicle Impoundment The appeal must be filed within 15 days from receiving the Impoundment Order. Section 82.1 Commercial Vehicle Impoundment and Suspension The appeal must be filed during the impoundment period. Section 95(1) Motor Vehicle Inspection License Garage The appeal must be filed within 15 days from receiving the Registrar s Order. If you have not filed an appeal within the relative prescribed appeal period, you may request an extension of time from the Tribunal by bringing a motion. The Tribunal may grant an extension if appropriate. There is no right to an extension to time. The facts of each particular case determine whether or not an extension is appropriate. Do I have to pay to file an appeal? If you file an appeal, you will have to pay a fee of $ The fee should be paid by certified cheque or money order, and must be made payable to Minister of Finance. If a Proposal issued by a Registrar relates to more than one registration, and you wish to appeal the proposal related to each registration, you will have to pay a fee of $ for each appeal. Note: the fee is non-refundable even if the Tribunal s decision is in your favour. Please note, as well, that you are responsible for any other costs related to your appeal. These might include legal fees if you choose to be represented by a lawyer; expert fees, witness fees, travel costs, etc. How do I get started? You must notify the Licence Appeal Tribunal and the Ministry or Program that has issued the Decision/Order/ Proposal to you, within the relevant appeal period, by sending or delivering the following information: (3 of 8)24/08/2006 4:46:02 PM

6 A completed and duly signed Notice of Appeal form (available in the Forms section of this website), including a short and clear summary of the reasons why you wish to appeal the Ministry s or Program s Decision/Order/Proposal. A copy of the Registrar s/director s Notice of Proposal/Order or the Decision denying his/her claim. A filing fee of $ made payable to the Minister of Finance, by certified cheque or money order. Any additional documents that is required under specific sections of statutes, as outlined in the Notice of Form. Note: if you file an appeal related to a Commercial Vehicle Inspection Suspension, you must include a proof of service. In order to avoid any delays in processing your appeal, you must write clearly and accurately: your full name, address, postal code and telephone number; the full name, address, postal code, as well as telephone and fax numbers of the counsel/agent whom you have retained to represent you at the hearing, if you choose to be represented at the hearing. How do I know if I have the grounds to appeal a Decision/Proposal/Order to LAT? Your right to appeal LAT will be clearly indicated in the Decision/Proposal/Order that you will receive from a Ministry or Program Area. The grounds to appeal a Decision/Proposal/Order are also explained in the LAT brochures which are available on this website. You ll need to refer to the relevant brochure to find out more about the grounds to appeal. You will also find the above information in the relevant statutes which come under LAT jurisdiction. Statutes are accessible from this website by clicking on the link E-LAWS. Can I ask the Tribunal to hold a pre-hearing conference if I feel that the matter being disputed can be settled without the need of a hearing? Yes! The purpose of a pre-hearing meeting is to bring both sides together in an informal setting. The Tribunal member assigned to the pre-hearing tries to define or narrow the disagreement and resolve the issues before the hearing begins. A pre-hearing conference can be held in person, in writing or by teleconference, with the consent of the other party(ies) and the Tribunal. You can request a pre-hearing by completing the appropriate section of the Notice of Appeal form. The purpose of a pre-hearing is described in the Tribunal s Rules of Practice, available on this site. Can I ask for my hearing to proceed by teleconference or in writing, if I can t appear in person? Yes, you may do so. However, the Tribunal and the other party(ies) must consent to your request. A written hearing requires both parties to file written documentation, evidence and arguments by set deadlines. An electronic hearing is conducted like an oral hearing but by telephone conference with all parties present by telephone (at a prearranged telephone number given to the Tribunal in advance). How do I find out about the pre-hearing or hearing date(s)? Once you have filed a Notice of Appeal with the Tribunal along with the $ fee and all the required supporting documentation, the Tribunal will set a pre-hearing and hearing date. A Notice of Pre-Hearing/ Hearing setting out the date(s), time and place of the pre-hearing/hearing will be sent to you and the other party (ies) to the proceeding. (4 of 8)24/08/2006 4:46:02 PM

7 For certain types of appeal under the Highway Traffic Act, a letter confirming the receipt of the Notice of Appeal is sent to the parties, immediately upon the appeal being filed. This is due to the fact that the legal time lines to complete the hearing and render the decision are very short. How are the pre-hearing/hearing dates set? The hearing dates are set on a first-come first serve basis, usually within five to 120 days from the date the appeal is perfected. An appeal is perfected when the Tribunal has received the Notice of Appeal, the filing fee and the supporting materials where appropriate. Note: if the parties to a proceeding consent to a pre-hearing, the date(s) for the pre-hearing and the hearing will be set at the same time in order not to delay the hearing. Where will the hearing take place? The Tribunal holds hearings in major centers in Ontario. The Tribunal holds an oral (in person) hearing at its closest available location to where an Applicant resides or where a motor vehicle was detained or at such other location as agreed by the Tribunal and the parties. Who will hear my appeal? A one-member panel conducts the Tribunal s hearings, unless a three-member panel is required under a statute. The hearing process is a court-like process but less formal. Tribunal members are appointed on a part-time basis, by Order-in-Council signed by the Lieutenant Governor of Ontario. How do I prepare my case for the hearing? It is always wise to be well prepared. If you are going to rely on a report as evidence, it is advisable to have the author of the report at the hearing to answer questions about the report. If the author of the report is not available to be questioned, the report may be given little weight by the Tribunal when deciding the appeal. When must I disclose the documents that I intend to rely on at the hearing? It is mandatory for you to disclose to the other party(ies), as it is for the other party(ies) to disclose to you, at least 10 days before the set hearing date(s), every document and thing that you/will rely on or refer to as evidence at the hearing. A copy of the documents must be forwarded, as well, to the Tribunal at least five days before the scheduled hearing date(s). If you intend to use the written report of an expert witness (such as an engineer) at the hearing, you must provide the other party(ies) to the appeal with the report signed by the expert witness together with the expert s summary of the evidence which he or she will give at the hearing. You must disclose your experts reports at least 30 days before the scheduled hearing date(s) and the other party(ies) must disclose its/their experts reports at least 20 days before the scheduled hearing date(s). If you feel prejudiced because you have not received material from the other party(ies) after the mandatory disclosure period, you can raise this issue with the hearing panel, which will hear the complaint and make the appropriate ruling. Note: when written material is not submitted to the Tribunal by a party as required by the Tribunal s disclosure rules, that material may be used at a hearing only with the Tribunal s permission, considering what is fair and reasonable. What evidence do I need to support my case? (5 of 8)24/08/2006 4:46:02 PM

8 Here are some examples of evidence to be disclosed to support your case: Contracts, letters, invoices, statements, plans, drawings, written expert opinions; Quotation for repair work; Witnesses (any person who is able to clarify or support your case); Photographs/video tapes which will help the Tribunal understand the reason for the claim; samples of defective materials/piece of equipment, Others. Who can be at an oral (in person) hearing? Each party, each party s representative (such as a lawyer or agent), and any witnesses are able to attend. The hearing is open to the public unless ordered otherwise by the Tribunal. What happens at a hearing? A hearing can proceed in person, by telephone conference, or in writing. The Tribunal may propose to the parties one of these options in order to expedite the process. An oral (in person) hearing is the usual type of hearing held. An oral (in person) hearing requires the appearance of all parties in person or their designated representatives acting on their behalf. The Tribunal member holding the hearing asks those attending to introduce themselves, explains how the hearing will proceed, and deals with any preliminary questions. For example, any concerns a party has respecting the other party s disclosure of documents may be addressed by the Tribunal as a preliminary matter at the commencement of a hearing. The Tribunal member will ask the parties to present their cases. This is the opportunity for the parties to present their evidence to the Tribunal Each witness is asked to take an oath or affirmation to tell the truth before giving his or her testimony. Each witness who gives evidence at the hearing, immediately after giving evidence, may be asked questions by the other party or that party s representative. After all the witnesses have given their evidence, both sides, and their representatives on their behalf, state their final arguments. This is the parties opportunity to persuade the Tribunal based on the evidence presented at the hearing. Only evidence heard by the Tribunal when the parties were giving their evidence can be mentioned in the final arguments. After the final arguments, the Tribunal concludes the hearing. When will the Tribunal give its decision? The Tribunal member who hears the appeal will give a decision in writing. The Tribunal will issue its written decision shortly following the hearing. The decision is sent to you or our lawyer/agent, and to the other party (is) or their representatives. What is the possible result of an appeal to the Tribunal? If there is an appeal, the Tribunal has the authority to confirm, set aside or modify the decision that is being appealed based on the evidence presented by the parties at the appeal. When does the Tribunal s decision take effect? Immediately, unless otherwise specified by the statute. Parties to a proceeding should seek legal advice in this respect. Can I ask for a review of LAT s decision? (6 of 8)24/08/2006 4:46:02 PM

9 The Tribunal may at any time correct a typographical error, error of calculation, or other similar error made in its decision without prior notice to the parties. The Tribunal will not review a decision based on the merits. Can I appeal the Tribunal s Decision? The Tribunal s decisions can be appealed to the Superior Court of Justice within 30 days from the date the Tribunal s decisions are released, except for decisions related to a vehicle impoundment, the suspension of an administrative driver s license and the impoundment and suspension of a commercial vehicle/trailer, which are final and binding. Is the LAT appeal process a public process? Yes! The process becomes public once you have filed your Notice of Appeal. Note: pre-hearings are not open to the public. Once I file an appeal, do I need to copy the other party (is) when I correspondence with the Tribunal during the appeal process? Yes! When corresponding with the Tribunal regarding the matters that related to your appeal/hearing, you are asked to send a copy of your correspondence to the other party(ies) who, in turn, is/are asked to send you a copy of his/their correspondence. Do I need a Lawyer or Agent to represent me? You may use a representative of your choice or you may represent yourself or you may with to hire a lawyer or an agent. Please note that the Tribunal does not arrange or pay for representation. This is an individual decision of each party. However, if you decide to be represented, you should retain a lawyer or agent well before the scheduled hearing date. What if I need an interpreter for a hearing? You will be responsible for arranging and paying for the services of an interpreter, if required. What if I want a witness to attend my hearing but that witness will not come unless he or she is subpoenaed to attend? In such a case you can request a subpoena from the Tribunal. A subpoena is also called a Summons to Attend. Note: the Tribunal does not provide blank summons forms. If you want a witness summoned to the hearing, you will need to write the Tribunal s Registrar and request a summons at least 10 days before the hearing, explaining why the witness is necessary and why the summons is required. You will need to provide us with the exact name, address of the witness you with to summon, as well as a list of documents you wish this person to bring with her. The Chair of the Tribunal signs the completed subpoena form and gives it to you. You are responsibility to have the witness served with the subpoena and to pay the witness attendance fee and conduct money. The fee and conduct money are the same as those of the Ontario Superior Court of Justice. To obtain information on that subject, you may the Attorney General at (416) Do I have to disclose the name(s) of my witnesses to the other [arty (is) and the Tribunal? Except for the name and resume of expert witnesses, you do not have to disclose the name(s) of your witnesses before the hearing unless you unless you wish to do so as a courtesy. (7 of 8)24/08/2006 4:46:02 PM

10 Does the Tribunal record the hearings? The Tribunal s proceedings are recorded, except for matters related to the suspension of an administrative driver s licence, a motor vehicle impoundment and a commercial vehicle impoundment and suspension. The pre-hearing meetings are not recorded. Does the Tribunal provide copies of transcripts? If you wish to obtain a transcript of the hearing, you may do so but it will be at your own cost. You may order a transcript by contacting the Tribunal. Note: the hearing tapes are not provided to any of the parties, for security reasons. What if I decide to withdraw my appeal? If your appeal is resolved before the hearing date(s), or if you decide to withdraw or cancel your appeal for any other reason, you must notify the Tribunal as soon as possible by phoning and writing the Tribunal at least five days before the scheduled hearing date(s). Your letter to the Tribunal must clearly state that you are withdrawing your appeal. What if I want an adjournment of the hearing? Changing a hearing date is rarely granted and only on very specific and exceptional grounds. For more information on the subject of adjournments, please refer to the Tribunal s Practice Directions for Adjournments of Scheduled Hearings (section 15 of the Tribunal s Rules of Practice) available on this website. What if I do not appear on the date set for the hearing and I do not notify the Tribunal? If you do not appear and you do not notify the Tribunal, the hearing may go ahead without you and a decision made without further notice to you. Where are the Rules of Procedure at the Hearing set out? The Rules of Procedure at the hearing are set out in Part 1 of the Statutory Powers Procedure Act (SPPA), Chapter S. 22, as amended, and the Tribunal s Rules of Practice. Does the Tribunal provide photocopying Service for Hearing Participants? The Tribunal does not provide the above service, due to its limited human and financial resources. You must make sufficient copies of any documents that you will require at a hearing, at your own expense before or during a hearing. When can I pick up my exhibits? You may asked for your exhibits to be returned to you once the 30-day appeal period to the Superior Court of Justice has passed and no appeal has been made by any other party. LAT requires seven (7) days notice prior to prepare the exhibits, and you must sign a release form before the exhibits are returned to you. home what's new search site map feedback français Copyright Queen's Printer for Ontario Last Modified: undefined,. (8 of 8)24/08/2006 4:46:02 PM