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Summaries by Type of Appeal
- APPEAL TO TRIBUNAL FROM A PROPOSAL- Brenner decision remains
the proper test but does not establish a rule that the Registrar must
be shown to be wrong - Tribunal owes no deference to Registrar's opinion
- ADDING or specifying parties to a hearing before the Tribunal - who
may be specified by Tribunal as an added party
- BRANDING
of motor vehicles in the Ministry of Transportation's records - what
branding means and the different types of branding
- BUILDER as defined by the Ontario New Home Warranties Plan Act
- whether a builder so defined has to undertake the performance of all
work and the supply of all materials
- CONDOMINIUM CORPORATION - common elements - claim for breach of warranty
under section 14 of the Ontario New Home Warranties Plan Act -
whether unit owner may purse claim or Condominium Corporation
- CURBSIDING - meaning of contravention under the Motor Vehicle Dealers
Act
- CORPORATION convicted of fraud - no presumption officer / director
guilty of fraud - clear and convincing proof based on cogent evidence
necessary in so far as officer / director is concerned
- CONSUMER STATUTES - past conduct - cumulative effect of past conduct
to be considered
- COMPENSATION FUND under Motor Vehicle Dealers Act - whether
claim made against fund meets with requirements of schedule to Regulation
801 - factors to be considered when claim made for payment out of the
fund
- CONVICTION of Applicant / Registrant following a guilty plea to a
charge - guilty plea is an admission as to all elements of offence
- DOCUMENTS ADMITTED as exhibits during course of hearing - order following
successful motion that such documents not to be accessible to the public
- DECISION of Tribunal - to be supported by written reasons - failure
to do so is denial of natural justice and procedural fairness
- EXPERT EVIDENCE - tests to be applied to determine whether to admit
expert testimony by a witness
- EXTENSION OF TIME within which to file notice of appeal - Applicant
failing to deliver notice within time - motion for extension of time
made by Applicant to Tribunal - what Applicant must show in order to
be successful in motion
- GUILTY PLEA to criminal charge - such plea admits to knowledge by
accused
- HOMEOWNER seeking unrealistic standards of perfection - unreasonable
expectations - imperfections to be kept at reasonably acceptable levels
- ISSUE ESTOPPEL - res judicata - tests to determine whether issue estoppel
applies - prior litigation having already determined issue - motion
to dismiss claim
- JURISDICTION of Tribunal - proposal to refuse / revoke Applicant's
registration - appeal to proposal - after filing appeal to Tribunal
Applicant voluntarily surrenders registration -
- hearing of appeal unnecessary - Tribunal's jurisdiction at an end
- NON DISCLOSURE on application for registration - youth court record
not disclosed- consent by Applicant to collection of information - pardon
granted to Applicant - Tribunal entitled to look at underlying facts
of conviction
- ORDER BY TRIBUNAL - proposal by Registrar to deny Applicant registration
- appeal to Tribunal - registration subject to terms and conditions
- when terms and conditions may be appropriate
- PROPOSAL - past conduct an issue - such conduct reflects Applicant's
failure to comply with Retail Sales Tax Act - affords reasonable grounds
for refusal to register Applicant
- VESTING OF JURISDICTION in the Tribunal - when vesting occurs - decision
letter issued by ONHWP - Applicant appealed decision to Tribunal - jurisdiction
vests upon appeal being filed
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