Frequently Asked Questions .

INTRODUCTION

This page is intended to provide general information and is specific to the time when it is first issued. Please refer to the relevant statutes and the Tribunal’s Rules of Practice for definitive information. Please keep in mind that the Tribunal’s staff cannot provide you with legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Upper Canada (www.lsuc.on.ca).

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 by email at DriverImprovementoffice@ontario.ca, or by telephone at (416) 235-1086 or 1-800-303-4993 (toll free).

FILING AN APPEAL

•  What is the Licence Appeal Tribunal?

•  Who can file an appeal?

•  How do I know if I have the right to appeal a Decision/Proposal/Order to the Tribunal?

•  What is the possible result of an appeal to the Tribunal?

•  How much time do I have to file an appeal?

•  How do I get started?

•  What if I am late in filing my appeal?

•  Is there a fee to file an appeal with the Tribunal?

•  Can I settle the matter being disputed without a hearing?

•  What if I decide to withdraw my appeal?



SCHEDULING THE PRE-HEARING AND HEARING

•  How are the pre-hearing and hearing date(s) set?

•  How will I be informed of the pre-hearing or hearing date(s)?

•  What if I want to change my hearing date?

•  Where will the hearing take place?

•  Can I ask for my hearing to proceed by teleconference or in writing if I can't appear in person?


PREPARING YOUR CASE

•  How do I prepare my case for the hearing?

•  Do I need someone to represent me?

•  Once I file an appeal, do I need to copy the other party (or parties) when I correspond with the Tribunal during the appeal process?

•  When must I disclose the documents that I intend to rely on at the hearing?

•  Does the Tribunal provide photocopying service for hearing participants?
 
•  What if I want a witness to attend my hearing but that witness will not come unless he or she is summonsed to attend?

•  Do I have to disclose the name(s) of my witnesses to the other party or parties and the Tribunal?


PRE-HEARINGS AND HEARINGS

•  What happens at a hearing?

•  Who will hear my appeal?

•  Are hearings open to the public?

•  Does the Tribunal record the hearings?

•  What happens if I do not appear on the date set for the hearing and I do not notify the Tribunal?


AFTER THE HEARING

•  When will the Tribunal release its decision?

•  When does the Tribunal's decision take effect?

•  Can I ask for a review of the Tribunal's decision?

•  Can I appeal the Tribunal's decision?

•  How can I get a transcript of the hearing?

•  When can I pick up my exhibits?

•  Will my name be published in the decision?

•  How does the Tribunal publish its decisions?


FILING AN APPEAL

What is the Licence Appeal Tribunal ("the Tribunal")?

The Licence Appeal Tribunal is an independent adjudicative tribunal created under the Licence Appeal Tribunal Act, 1999 to hear appeals and render decisions respecting compensation claims and licensing activities regulated by the Ministry of Children and Youth Services, the Ministry of Community Safety and Correctional Services, the Ministry of Consumer Services, the Ministry of Municipal Affairs and Housing, the Ministry of Training, Colleges and Universities, the Ministry of Transportation, and the Ministry of the Attorney General.

As a quasi-judicial tribunal, the Tribunal is subject to the rules of natural justice and the requirements of the Statutory Powers Procedure Act (available at e-laws). The Tribunal hears appeals and issues written decisions based on the evidence presented by the parties.

•    The following statutes are covered by the Tribunal’s mandate:

AGRPPA - Alcohol and Gaming Regulation and Public Protection Act, 1996
BA - Bailiffs Act
BCA - Building Code Act, 1992, O. Reg. 350/06, Division C, Part 3,
Section 3.2 – Designer
Section 3.3 - Sewage Systems
Section 3.4 - Registered Code Agency
CA - Cemeteries Act (Revised)
CFSA - Child and Family Services Act
CAA - Collection Agencies Act
CPA - Consumer Protection Act, 2002
CRA - Consumer Reporting Act
DNA - Day Nurseries Act
DBPA - Discriminatory Business Practices Act
FCA - Film Classification Act, 2005
FDEA - Funeral Directors and Establishments Act
GCA - Gaming Control Act, 1992
HTA - Highway Traffic Act
•    Subsections 17(2), (3) - Commercial Vehicle Operation's Registration (CVOR)
•    Subclause 32(5)(b)(i) - Medical (MED)
•    Subsection 47(1) – Medical (MED) and Commercial Vehicle Operator's Registration (CVOR)
•    Subsection 48.3(2) - Administrative Driver's Licence Suspension (ADLS)
•    Subsection 55.1(3) - Motor Vehicle Impoundment (MVIA)
•    Section 82.1 - Commercial Vehicle Impoundment and Suspension (CVIS)
•    Subsection 95(1) - Motor Vehicle Inspection Licence (GAR)
IAA - Intercountry Adoption Act, 1998
LLA - Liquor Licence Act
MVDA - Motor Vehicle Dealers Act, 2002
ONHWPA - Ontario New Home Warranties Plan Act
PPDA - Paperback and Periodical Distributors Act
PLA - Payday Loans Act, 2008
PSECEA - Post-secondary Education Choice and Excellence Act, 2000, O. Reg. 281/02
PCCA - Private Career Colleges Act, 2005
PSISA - Private Security and Investigative Services Act, 2005
REBBA - Real Estate and Business Brokers Act, 2002
TIA - Travel Industry Act, 2002
VQAA - Vintners Quality Alliance Act, 1999

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Who can file an appeal?

You can appeal to the Tribunal 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 relevant provisions of the above statutes. Once a person files an appeal with the Tribunal, we refer to this person as an Applicant. If the Applicant is a company, the person filing an appeal on behalf of that company must have the company’s authority to do so.

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How do I know if I have the right to appeal a Decision/Proposal/Order to the Tribunal?

Your right to appeal to the Tribunal will be clearly indicated in the Decision/Proposal/Order that you will receive from the Registrar or Regulator. The right to appeal a Decision/Proposal/Order is also explained in the Tribunal’s Information Sheets available on this website. You’ll need to refer to the relevant Information Sheet to find out more about the right to appeal. You will also find the above information in the relevant statutes which come under the Tribunal’s jurisdiction. For more information on the relevant statutes, please see e-laws.

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What is the possible result of an appeal to the Tribunal?

The following are the possible results of an appeal to the Tribunal.  The Tribunal may:

•    affirm the Decision, Order or Proposal of the Registrar, which means it remains in effect or your claim is denied;
•    rescind the Decision, Order or Proposal of the Registrar, which means it is no longer in effect or your claim is successful; or
•    substitute its decision for the Decision, Order or Proposal of the Registrar and direct the Registrar to implement the decision of the Tribunal in accordance with the directions, if any, that the Tribunal considers appropriate or substitute the amount the Tribunal finds you are entitled to under your claim.

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How much time do I have to file an appeal?

Timelines for filing an appeal with the Tribunal are different depending on the statute the appeal is filed under. Timelines are indicated in the statute which sets out the right of appeal (e-laws). Timelines are also often indicated on the Notice of Proposal, Notice of Proposed Order, Director’s Order or Claim letter issued by the Regulator or Registrar. If you are unable to determine what the timeline is in your particular situation, contact the Regulator or Registrar that issued your Notice of Proposal, Notice of Proposed Order, Director’s Order or Claim letter, or the Tribunal, to verify.

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How do I get started?

You must notify the Tribunal that you wish to appeal by sending a completed and signed Notice of Appeal form to the Tribunal. Notices of Appeal set out the filing requirements for each type of appeal heard by the Tribunal, and are available on this website.

You should include with your Notice of Appeal, a short and clear summary of the reasons why you wish to appeal, along with a copy of the Decision, Proposal or Order you are appealing, any required filing fee(s) and any additional documents required under applicable statutes, as outlined on the Notice of Appeal for your appeal type.

You must send a copy of your Notice of Appeal to the Regulator or Registrar that issued the Decision, Proposal or Order you are appealing. Information on the appeal process is often included in the Decision, Proposal or Order. Different types of appeals can have different requirements.

To avoid delays in processing your appeal, you must type your information on the Notice of Appeal, or write clearly and accurately, and provide:

•    your full name, address, postal code and telephone number; and
•    if you have chosen to have counsel or an agent to represent you, their full name, address and postal code, as well as telephone and fax numbers.

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What if I am late in filing my appeal?

If you filed your appeal after the deadline, you may ask for an extension of time. For more information, see the Information Sheet, “Filing an Appeal Late (Extension of Time)."

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Is there a fee to file with the Tribunal?  

Each Notice of Appeal form contains information specific to that appeal, including details on any required filing fee(s) that may apply. All of the Tribunal’s forms are available on the Forms page of this website.

It is important to use the correct Notice of Appeal form for your appeal type.

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Can I settle the matter being disputed without a hearing?

Yes, in most cases the Tribunal will hold a pre-hearing conference. The purpose of a pre-hearing conference is to bring the parties together in an informal setting where a Tribunal member will help them define or narrow the disagreement and resolve the issues before the hearing begins. Often the pre-hearing conference results in a settlement of the matter.

The purpose of a pre-hearing is described in the Tribunal’s Rules of Practice.

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What if I decide to withdraw my appeal?

If you decide to withdraw your appeal, you must submit a written notice of withdrawal to the Tribunal before the scheduled hearing date(s). You must also provide written notice to the other parties to the appeal. The Tribunal’s ‘Notice of Withdrawal’ form is available on this website.

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SCHEDULING THE PRE-HEARING AND HEARING

How are the pre-hearing and hearing date(s) set?

Hearing dates for expedited matters, such as vehicle impoundments and driver's licence suspensions, are set to take place within 15 to 30 days from the date the completed appeal is filed with the Tribunal. An appeal is “complete” when an Applicant submits a Notice of Appeal form to the Tribunal along with all required supporting documentation, and the filing fee where required.

In all other matters the Tribunal will set a date for a pre-hearing, to be held in a timely manner that will allow the Tribunal to meet the performance targets set out in its Annual Report. Generally, hearing date(s) are set at the pre-hearing.

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How will I be informed of the pre-hearing or hearing date(s)?

Once the pre-hearing or hearing date is set, the Tribunal will send a written notice to the parties. This notice, called a Notice of Pre-Hearing or Notice of Hearing, sets out the date, time and location of the pre-hearing or hearing.

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What if I want to change my hearing date?

A request for a change in a hearing date is called a request for an adjournment. These requests are only granted on very specific and exceptional grounds. For more information on the subject of adjournments, please see the Tribunal’s Practice Direction for Adjournments and Rule12 of the Tribunal’s Rules of Practice available on this website.

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Where will the hearing take place?

With the exception of commercial vehicle impoundments, which must be heard in specific locations, the factors the Tribunal considers when deciding on a hearing location are set out in Rule 10 of the Tribunal’s Rules of Practice. In most cases, if the Applicant resides, or operates the business, in the Greater Toronto Area, then the pre-hearing and hearing will be held at the Tribunal’s Chambers located in downtown Toronto.

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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. Alternatively, the Tribunal may direct a specific format for the hearing without consent from the parties if the circumstances warrant it.

A hearing conducted by teleconference is called an electronic hearing, with all parties present by telephone at a pre-arranged telephone number given by the Tribunal in advance. A written hearing requires all parties to file written submissions and evidence by set deadlines.

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PREPARING MY CASE

How do I prepare my case for the hearing?

You must prepare to present your case through evidence. Evidence includes information provided by witnesses, documents or other things. The Tribunal considers all of the evidence presented to it to make its decision about your appeal. For more information on how to prepare your case and about calling evidence, see the Tribunal’s Information Sheets titled “Presenting Your Case” and “Calling Evidence”. 

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Do I need someone to represent me?

This is an individual decision of each party.  If you choose to have a lawyer or agent (legal representative) represent you for a matter before the Tribunal, have your legal representative fill in the Tribunal’s ‘Declaration of Representative’ form and provide it to the Tribunal and all other parties immediately. Only persons licensed by the Law Society of Upper Canada or who fall within the exceptions or exemptions approved by it may represent a party before the Tribunal. For the current list of exemptions for unlicensed representatives, visit the Law Society of Upper Canada website at www.lsuc.on.ca or contact them at 416 947-3300 or toll-free 1 800 668-7380.

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Once I file and appeal, do I need to copy the other party (or parties) when I correspond with the Tribunal during the appeal process?

Yes, when corresponding with the Tribunal regarding matters that relate to your appeal/hearing, you are asked to send a copy of your correspondence to the other party(ies) who are also required to copy you on correspondence to the Tribunal.

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When must I disclose the documents that I intend to rely on at the hearing?

The Tribunal’s Information Sheet titled “Disclosure”, as well as Rule 6 of the Tribunal’s Rules of Practice set out the rules for disclosure of documents in a matter before the Tribunal.

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Does the Tribunal provide photocopying service for hearing participants?

No, the Tribunal does not provide this service. At your own expense, you must make sufficient copies of any documents that you will require at a hearing to provide a copy for your own use, the use of the Tribunal, the use of any witness who might refer to the document in evidence and for the opposing party(ies).

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What if I want a witness to attend my hearing but that witness will not come unless he or she is summonsed to attend?

In such a case, you can request a summons from the Tribunal. A summons is also called a subpoena.

Note: If you want a witness summonsed to the hearing, you should complete the Tribunal's ‘Summons to a Witness’ form and submit it to the Tribunal for signature. A summons request should be made at least 10 days before the hearing to ensure that you have enough time to summons your witness to the hearing.

You are responsible to have the witness served with the summons and to pay the witness attendance fee and conduct money. The fee and conduct money are those of the Ontario Superior Court of Justice. This information is set out in Tariff A of Regulation 194, R.R.O 1990. 

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Do I  have to disclose the name(s) of my witnesses to the other party or parties and the Tribunal?

If you intend to rely on or refer to the evidence of an expert witness, you are required to disclose their name and qualifications.  For other witnesses, you do not have to disclose their names unless ordered by the Tribunal or you would like to do so as a courtesy.

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PRE-HEARINGS & HEARINGS

What happens at a hearing?

A hearing can proceed in various formats: oral (in person), by telephone conference, or in writing. The Tribunal may decide the format as it determines appropriate. The factors that the Tribunal takes into consideration when determining the hearing format are described in Rule 10 of the Rules of Practice.

An oral (in person) hearing is the usual type of hearing. An oral (in person) hearing is a hearing at which the parties or their representatives attend before the Tribunal in person.

To learn more about what happens at a hearing, see the Tribunal’s Information Sheets titled “Protocol at a Tribunal Pre-Hearing and Hearing” and “Presenting Your Case”.

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Who will hear my appeal?

Hearings are conducted by a Tribunal member(s). Tribunal members are appointed by the Lieutenant-Governor-in-Council of Ontario.

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Are hearings open to the public?

In-person hearings are open to the public unless ordered otherwise by the Tribunal. For more information, see Rule 7 of the Tribunal’s Rules of Practice.

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Does the Tribunal record the hearings?

Yes, the Tribunal’s proceedings are recorded, except for matters related to the administrative suspension of a driver’s licence, a motor vehicle impoundment or a commercial vehicle impoundment and suspension.

Pre-hearings are not recorded.

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What happens if I do not appear on the date set for the hearing and I do not notify the Tribunal?

If you do not appear on the date set for the hearing and you do not notify the Tribunal, the hearing may proceed in your absence, and you will not be entitled to any further notice in the proceeding.

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AFTER THE HEARING

When will the Tribunal release its decision?

With the exception of expedited matters, most Tribunal decisions are released within 30 days following the completion of the hearing. The decision is sent to you or your lawyer/agent, and to the other party(ies) or their representatives.

Important Note: The decision may be posted on the Tribunal's website. It may also be available on Quicklaw at a later date. (Previous Alcohol and Gaming Commission of Ontario decisions can be found on CanLii).

For more information about the Tribunal’s Privacy Guidelines see - Introduction to Licence Appeal Tribunal Privacy Guidelines and Privacy Guidelines Regarding Anonymization of Personal Information.

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When does the Tribunal's decision take effect?

Unless otherwise set out in the decision, a decision takes effect immediately on the date it is released to the parties.

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Can I ask for a review of the Tribunal's decision?

No, the Tribunal does not review its Decisions.  However, the Tribunal may correct a clerical, typographical, factual, or an error of calculation, or other similar errors made in its Decisions.

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Can I appeal the Tribunal's decision?

To find out whether you have the right to appeal a Tribunal’s Decision, as well as relevant details about the appeal process, refer to the statute you filed your appeal under and Section 11 of the Licence Appeal Tribunal Act, 1999.

All statutes are available at e-laws.
 
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How can I get a transcript of the hearing?

Except in very limited circumstances, transcripts are not part of the Tribunal’s records. If you wish to obtain a transcript of the hearing, you may do so at your own cost. You may order a transcript by contacting a court reporter of your choice, who must confirm to the Tribunal, in writing, that you have ordered the transcripts. Upon being notified of your request, the Tribunal will send the hearing tapes directly to the selected court reporter. Arrangements for the cost and delivery of the transcript are to be made between you and the selected court reporter.

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When can I pick up my exhibits?

You may ask 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. The Tribunal requires seven (7) days notice prior to prepare the exhibits, and you must sign a release form before the exhibits are returned to you.

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Will my name be published in the decision?

The privacy issues related to the rendering of decisions by the Tribunal are addressed by the Tribunal’s privacy policy. For more information, see the Tribunal’s Privacy Guidelines Regarding Anonymization of Personal Information.  

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How does the Tribunal publish its decisions?

The Tribunal may post its decisions on its website. Decisions may also be posted on the Quicklaw and CanLii websites.

Note: Some of the information found on the Tribunal’s website might be available on other sites created and maintained by other public and/or private sector organizations. When you access an outside website the Tribunal’s privacy guidelines no longer apply.

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