Appeals and Applications
Types of Appeals and ApplicationsThere are many different types of appeals and applications to the Licence Appeal Tribunal (LAT), including:
- Appeals related to driving, including vehicle impoundments and driver’s licence suspensions and downgrades for medical reasons.
- Appeals of monetary orders or licensing to carry on business in regulated industries, including liquor licences, real estate brokers, motor vehicle dealers and others.
- Consumer compensation claims. The most common are claims to Tarion for breach of new home warranties.
- Appeals compliance orders for individuals and businesses in certain industries. These include orders to comply with the Accessibility for Ontarians with Disabilities Act, the Consumer Protection Act, and others.
Appeals related to driving
Driver’s Licence SuspensionsIn Ontario, the law requires doctors to send the Ministry of Transportation a report naming any patient who has a medical condition that may make it dangerous for the patient to operate a motor vehicle. Based on the medical report, the Ministry of Transportation may decide to suspend or downgrade the individual’s driver’s licence. The individual will receive a notice from the Ministry informing them of the suspension or downgrade. Individuals who have had their driver’s licence suspended under section 47(1) or downgraded under section 32(5)(b)(i) may appeal to LAT. For more information, refer to the Information Sheet on Driver’s Licences – Medical Suspensions and Downgrades.
Motor Vehicle ImpoundmentsThe Highway Traffic Act allows the owner of a motor vehicle to appeal a long-term vehicle impoundment to LAT. A vehicle is detained and impounded when the driver of the vehicle has a suspended licence as a result of certain Criminal Code convictions. The impound period is 45 days for the first impoundment, 90 days for the second, and 180 days for the third during a 2-year period. LAT has the powers following a hearing to confirm the impoundment or order the Registrar to release the motor vehicle. Some impoundments of commercial vehicles or trailers may also be appealed to the LAT. For more information, refer to the Information Sheet on Motor Vehicle Impoundments.
Appeals of Monetary Orders and Licensing to Carry on Business
Liquor Licence MattersAdjudicating alcohol and gaming matters rests with LAT, independently of the regulator, Alcohol Gaming Commission of Ontario (AGCO). Individuals or businesses who are applying for a licence, or are licensed, under the Liquor Licence Act and who dispute a Notice of Proposal (NOP) issued by the AGCO may appeal to LAT. Individuals or businesses who dispute an Order of Monetary Penalty (OMP) may also appeal to the Tribunal. 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 (AGCO).
Cannabis Licence and Registration MattersAdjudicating cannabis matters rests with LAT, independently of the regulator, Alcohol and Gaming Commission of Ontario (AGCO). Individuals or businesses who apply for a licence, or are licensed, under the Cannabis Licence Act, 2018 can appeal the following decisions or proposals of the Registrar to LAT:
- Notice of Proposal to Refuse to Issue a Licence
- Notice of Proposal to Impose a Condition(s) on a Licence or Authorization
- Notice of Proposal to Refuse to Renew a Licence or Authorization
- Notice of Proposal to Revoke or Suspend a Licence or Authorization
- Suspension Order on a licence or authorization (Immediate)
- Revocation Order on a licence or authorization (Immediate)
- Order of a Monetary Penalty (OMP)
New Home Construction Licensing Act, 2017
The New Home Construction Licensing Act, 2017 (NHCLA), establishes a regulatory scheme for for builders and vendors of new homes in Ontario. The Home Construction Regulatory Authority is the authority under the NHCLA with the responsibility for regulating home builders and vendors. It makes decisions about licensing and enforcement with respect to builders and vendors.
Consumer Compensation Claims
New Home Warranty mattersThe Ontario New Home Warranties Plan Act (ONHWPA) creates statutory warranties that all vendors and builders of new homes must provide to the owners. These warranties include that the homes are fit for habitation and constructed according to applicable standards. Tarion’s decisions can be appealed to LAT. If following a hearing the LAT finds that the homeowner’s claim is proven, LAT may order Tarion to pay compensation to the homeowner or to arrange for repairs.
Appeals of Compliance Orders
Accessibility of Ontario mattersUnder the Accessibility for Ontarians with Disabilities Act, 2005, individuals and organizations must comply with accessibility standards. Failure to comply may result in Orders made by the Accessibility Directorate of Ontario (ADO). Orders made by the ADO under sections 21, 25 or subsection 33(8) of the Accessibility for Ontarians with Disabilities Act, 2005, may be appealed to the Tribunal within 15 days after the date the order was made. LAT is not related to the ADO and makes independent adjudicative decisions. For more information, refer to the Information Sheet on Tribunal procedures for appeals of Orders made by a director under the Accessibility for Ontarians with Disabilities Act, 2005.
Filing an Appeal or ApplicationTo appeal or apply to the LAT, you must complete the appropriate forms or provide the necessary details in writing. Notices of Appeal for each case type are available here. You should provide reasons for your appeal or application and the result or action you are seeking. To avoid delays in processing your appeal or application, you should provide:
- your full name, address, email address and telephone number; and
- if you have chosen to have counsel or an agent to represent you, their full name, address, email address, telephone and fax numbers.
- a copy of the decision, proposal or order being appealed