Summaries by Statute

• GAMING CONTROL ACT
  
  
  • CONVICTION of Applicant/Registrant following a guilty plea to a charge - guilty plea is an admission as to all elements of offence
    
    
    • Robert Harrison v. Registrar, Gaming Control Act (1998) - Commercial Registration Appeal Tribunal ("CRAT"). Decision released April 15, 1998
    
    
    
• MOTOR VEHICLE DEALERS ACT
  
  
  • CONVICTION of Applicant/Registrant following a guilty plea to a charge - guilty plea is an admission as to all elements of offence
    
    
    • Vince Labarbera v. Registrar, Motor Vehicle Dealers Act - Commercial Registration Appeal Tribunal ("CRAT"). Decision released November 10, 19
    
    
    
  • 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
    
    
    • Brenner v. Ontario (Registrar of Motor Vehicle Dealers and Salesmen) 1983 - O.J. No. 1017
    
    
    
    • Shine Car Sales and Omar Hassan Rahim v. Registrar, Motor Vehicle Dealers Act - Court File No. 507/01
    
    
    
  • CURBSIDING - meaning of contravention under the Motor Vehicle Dealers Act
    
    
    • 1233265 Ontario Ltd o/a Vince & Sons Automotive Finishes (2004) ("LAT"). Decision released March 2, 2004
    
    
    
  • 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
    
    
    • Coates v. Registrar of Motor Vehicle Dealers and Salesmen 65 O.R. (2d) 526 [1988] O.J. No. 1351, August 24, 1988
    
    
    
  • 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
    
    
    • Maria Didaskalou v. Motor Vehicle Dealers Compensation Fund, released November 29, 1994 Court File No 135/94
    
    
    
  • 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
    
    
    • Derek Scanlan v. Registrar Motor Vehicle Dealers Act - ("LAT") decision released August 1, 2002
    
    
    
  • GUILTY PLEA to criminal charge - such plea admits to knowledge by accused
    
    
    • Griese v. Registrar, Motor Vehicle Dealers Act, decided May 27, 1993 Court File No. 351/92
    
    
    
  • 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
    
    
    • Suleyman Adiyaman v. Registrar, Motor Vehicle Dealers Act ("LAT"). Decision released February 13, 2002
    
    
    
  • 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
    
    
    • 669607 Ontario Ltd. o/a Carrera Fine Cars v. Registrar, Motor Vehicle Dealers Act - Commercial Registration Appeal Tribunal ("CRAT"). Decision released March 10, 1998
    
    
    

ONTARIO NEW HOME WARRANTIES PLAN ACT

• ADDING or specifying parties to a hearing before the Tribunal - who may be specified by Tribunal as an added party
  
  
  • Peel Condominium Corporation No. 388 v. Ontario New Home Warranty Program, released May 14, 1998 - Court File No. 191/97 (Div. Ct)
  
  
  
  • Peel Condominium Corporation No. 388 v. Ontario New Home Warranties Plan Act, Commercial Registration Appeal Tribunal ("CRAT"), Decision released March 19, 1997
  
  
  
• 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
  
  
  • David and Kathleen Edmison v. Ontario New Home Warranty Program - Commercial Registration Appeal Tribunal ("CRAT"). Decision released January 27, 1998
  
  
  
• 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
  
  
  • Mary Ann Smith v. Ontario New Home Warranty Program - Commercial Registration Appeal Tribunal ("CRAT"). Decision released November 12, 1998
  
  
  
• HOMEOWNER seeking unrealistic standards of perfection - unreasonable expectations - imperfections to be kept at reasonably acceptable levels
  
  
  • Antonio and Enza Saporita v. Ontario New Home Warranty Program (1999) - Commercial Registration Appeal Tribunal ("CRAT"). Decision released July 28, 1999
  
  
  
• ISSUE ESTOPPEL - res judicata - tests to determine whether issue estoppel applies - prior litigation having already determined issue - motion to dismiss claim
  
  
  • Waterloo North Condominium Corporation Nos. 64, 65 and 66 v. Ontario New Home Warranties Plan Act - Commercial Registration Appeal Tribunal ("CRAT") - Decision released January 9, 1998
  
  
  
• 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
  
  
  • Maire Mujunen and Ontario New Home Warranty Program. Commercial Registration Appeal Tribunal ("CRAT"). Decision released February 10, 1998
  
  
  
• REAL ESTATE AND BUSINESS BROKERS ACT (1993)
  
  
  • CONSUMER STATUTES - past conduct - cumulative effect of past conduct to be considered
    
    
    • Raj J. Chopra and Registrar, Real Estate and Business Brokers Act (1993) 25 Commercial Registration Appeal Tribunal ("CRAT") 514
    
    
    
  • 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
    
    
    • Realty Lynks Ltd. and Suzanna Milanovic and Registrar, Real Estate and Business Brokers Act - Commercial Registration Appeal Tribunal ("CRAT") NO 137. Decision released October 31, 1997
    
    
    
• TRAVEL INDUSTRY ACT
  
  
  • DOCUMENTS ADMITTED as exhibits during course of hearing - order following successful motion that such documents not to be accessible to the public
    
    
    • 1296347 Ontario Ltd. o/a Bargain Travel Holidays v. Registrar, Travel Industry Act - ("LAT"). Order issued by the Tribunal on August 22, 2000
    
    
    
• OTHERS
  
  
  • DECISION of Tribunal - to be supported by written reasons - failure to do so is denial of natural justice and procedural fairness
    
    
    • Lee v. College of Physicians and Surgeons 66 O.R. (3d) 592, [2003] O.J. No. 3382, August 26, 2003
    
    
    
  • EXPERT EVIDENCE - tests to be applied to determine whether to admit expert testimony by a witness
    
    
    • Her Majesty the Queen v.Chikmadlur Mohan [1994] 2. S.C.R. 9, [1994] S.C.J. No. 36 File No. 2306. Court of Justice Act
    
    
    
  • 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
    
    
    • Christie Mechanical Contracting v. Magine Contracting [1997] O.J. No. 2079 DRS 97 - 12490 Court File No. V807/96, May 16, 1997
    
    
    
  • BRANDING of motor vehicles in the Ministry of Transportation's records - what branding means and the different types of branding