The Licence Appeal Tribunal

• Author: Kandace Bond Wileman/Liz Nastasi/Margot Davis/Cherie A. Daniel/Alison Kossowski/Lynn Fournier-Ruggles/Rochelle Ivri/Deborah Pressman
• Pages: 157-194

157

The Licence

Appeal

Tribunal

6

Overview 158

Legislation 166

Superintendent’s and Commissioner’s

Guidelines—Auto Insurance SABS 169

Decisions and Case Law 170

The AABS Dispute Resolution Process 170

Key Terms 191

Review Questions 192

Scenario Questions 193

© 2022 Emond Montgomery Publications. All Rights Reserved.

158 TRIBUNAL PRACTICE AND PROCEDURE

Overview

The Licence Appeal Tribunal (LAT) is an adjudicative tribunal established

under the Licence Appeal Tribunal Act, 1999.1 The LAT’s mandate is to resolve

appeals regarding compensation claims and licensing decisions made by a

variety of regulators and in accordance with the appeal rights set out under

several statutes.

LAT currently has two main divisions: the General Service (GS) and the

Automobile Accident Benefits Service (AABS).

Licence Appeal Tribunal—General Service

(LAT-GS)

The LAT-GS receives appeals, conducts hearings, resolves disputes, and makes

decisions on numerous matters. The LAT-GS currently hears appeals from deci-

sions pursuant to over 30 statutes, which are listed on its website at <https://

tribunalsontario.ca/lat/general-service/legislation-rules>.

The LAT-GS processes many different types of appeals and applications,

including:

1. appeals related to driving, such as vehicle impoundments, driver’s

licence suspensions, and downgrades for medical reasons;

2. appeals of monetary orders or licensing related to businesses in

regulated industries, such as real estate brokers, motor vehicle

dealers, businesses that require liquor licences, and others;

3. consumer compensation claims, the most common of which are

claims to Tarion for breach of new home warranties (Tarion was set

up by the Ontario government to ensure builder’s warranties on new

homes are honoured); and

4. appeals of compliance orders for individuals and businesses in specific

industries—these include orders to comply with theAccessibility for

Ontarians with Disabilities Act, 2005;2 theConsumer Protection Act,

2002;3 and others.4

1 SO 1999, c 12, Schedule G [LATA].

2 SO 2005, c 11.

3 SO 2002, c 30, Schedule A.

4 Licence Appeal Tribunal, “Appeals and Applications” (last visited 1 August 2021), online: Tribunals

Ontario <https://tribunalsontario.ca/lat/general-service/appeals-applications>.

© 2022 Emond Montgomery Publications. All Rights Reserved.

CHAPTER 6 THE LICENCE APPEAL TRIBUNAL 159

Since5 April6 1, 2016, the7 LAT 8 has9 accepted10

5 Licence Appeal Tribunal, “Resources” (last visited 1 August 2021), online: Tribunals Ontario <https://

tribunalsontario.ca/lat/general-service/resources>.

6 RSC 1985, c C-46.

7 “Resources,” supra note 5.

8 SO 1990, c L.19.

9 SO 2018, c 12, Schedule 2.

10 “Resources,” supra note 5.

Here are some examples of appeals brought before the LAT-GS:

Driver’s Licence Suspensions

In Ontario, individuals can have their driver’s licence suspended if a doctor

determines that it is dangerous for them to operate a motor vehicle. These

individuals will receive a notice of the suspension or downgrade from the

Ministry of Transportation, which they can then appeal to LAT-GS.

For more information, refer to theinformation sheet on medical sus-

pensions and downgrades of driver’s licences.5

Motor Vehicle Impoundments

When a driver’s licence is suspended as a result of a Criminal Code6 convic-

tion, a vehicle can be detained and impounded. The owner of the vehicle

can appeal the impoundment to LAT-GS to have the vehicle released.

For more information, refer to theinformation sheet on motor vehicle

impoundments.7

Licensing Matters

Individuals or businesses who apply for a licence, or are licensed, under

theLiquor Licence Act

8or Cannabis Licence Act, 2018

9can appeal a var-

iety of decisions to LAT-GS, including decisions to refuse or suspend a

licence and issue a monetary penalty.

For more information, refer to theinformation sheet on appealing a

notice of proposal, notice of proposed order, or order of monetary penalty

issued by the Alcohol and Gaming Commission of Ontario and the infor-

mation sheet on cannabis-related appeals to the LAT.10

PRACTICE TIP

© 2022 Emond Montgomery Publications. All Rights Reserved.