Types of appeals and applications

You can file many different types of appeals and applications at LAT-GS. In most cases there is a time period within which an appeal must be filed. An appeal filed after the time period has expired may be dismissed on that basis.

The most common types of appeals and applications are:

• 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 of 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

For a full list of legislation that can be appealed to the LAT, see laws, rules and decisions.

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Appeals related to driving

Medical driver’s licence suspensions and downgrades

In 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. If the Ministry of Transportation received a report about you and suspended or downgraded your licence, they will send you a notice or letter informing you of the suspension or downgrade.

This letter may say that you will get your licence back after you send the Ministry of Transportation a satisfactory medical report. It also may say that you could get your licence back after a period of symptom-free time has passed.

In addition, if your licence is suspended, either under section 47(1) or under section 32(5)(b)(i) of the Highway Traffic Act, the letter you received from the Ministry of Transportation will state that you have the right to appeal its decision to the LAT-GS.

Information about medical standards for Ontario drivers can be found in Ontario Regulation 340/94.

For more information, see the Information Sheet on Driver’s Licences – Medical Suspensions and Downgrades .

Administrative driver’s licence suspensions

A driver’s licence may be suspended for ninety (90) days under section 48.3 (alcohol only) the Highway Traffic Act because:

1. the driver’s blood alcohol concentration was 80 mg or more in 100 mL of blood, or
2. because the driver refused or failed to comply with a police officer’s demand made under section 320.27 or section 320.28 of the Criminal Code (Canada) to:
   1. provide a sample of breath, blood, oral fluid or urine,
   2. perform physical co-ordination tests, or
   3. submit to an evaluation.

A driver’s licence may also be suspended for ninety (90) days under section 48.3.1 (drug or a combination of drug and alcohol) of the Highway Traffic Act if a police officer is satisfied that the driver’s ability to operate a motor vehicle or vessel was impaired by a drug or a combination of a drug and alcohol after examination and evaluation under s. 320.28(2) of the Criminal Code (Canada).

The driver can appeal this 90-day suspension to the LAT-GS on the following grounds:

• In the case of a section 48.3 (alcohol only) suspension, the driver failed or refused to comply with the demand because the driver was unable to do so for a medical reason.
• In the case of a section 48.3.1 (drug or a combination of drug and alcohol) suspension, the driver’s ability to operate a motor vehicle or vessel was not impaired by a drug or a combination of a drug and alcohol, and had a medical condition, at that time of the activity for which the suspension was imposed, that impaired their performance of the evaluation that was conducted.
• In either type of suspension, the driver is not the same individual to whom a demand was made or who submitted to an evaluation under s. 320.28 of the Criminal Code (Canada). This is a case of mistaken identity.

For more information, see the Information Sheet about Administrative Driver’s Licence Suspensions .

Motor vehicle impoundments

The Highway Traffic Act allows the owner of a motor vehicle to appeal a long-term vehicle impoundment to the LAT-GS.

If the police impounded your vehicle for 45, 90 or 180 days because it was being driven by someone whose driver’s licence was suspended for specified Criminal Code convictions, because the driver’s licence requires them to have an ignition interlock on any vehicle they drive and the impounded vehicle did not have an interlock, or because the driver’s licence was suspended for failing to comply with a conduct review program, you can appeal the impoundment on one or more of the following grounds:

1. The vehicle was stolen at the time of the impoundment;
2. The driver’s licence was not under a Criminal Code suspension or did not have an ignition interlock condition at the time of the impoundment;
3. You showed due diligence (that is, you did everything you reasonably could have done) to find out if the driver of the vehicle had a driver’s licence that was not under suspension or did not have an ignition interlock condition at the time of the impoundment;
4. Loss of the vehicle will cause exceptional hardship (which is defined in regulations).

For more information, see to the Motor Vehicle Impoundments Appeal Information Sheet .

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Appeals of monetary orders and licensing to carry on business

Liquor licence matters

The LAT-GS also adjudicates on alcohol and gaming matters. It operates independently of the regulator, Alcohol and Gaming Commission of Ontario (AGCO). Individuals or businesses who are applying for a licence, or are licensed, under the Liquor Licence and Control Act, 2019 can appeal a Notice of Proposal (NOP) or an Order of Monetary Penalty (OMP) issued by the AGCO to the LAT-GS, including:

• Notice of Proposal to Refuse to Issue, Renew, or Transfer a Licence;
• Notice of Proposal to Revoke a Licence;
• Notice of Proposal to Suspend a Licence;
• Notice of Proposal to Refuse Granting an Endorsement on a Licence;
• Notice of Proposal to Attach a Condition on a Licence;
• Notice of Proposal to Review a Condition of a Licence;
• Notice of Proposal to Change or Refuse to Remove a Condition(s) of / from a Licence; and;
• Order of Monetary Penalty

For more information, refer to the Information Sheets 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) .

Liquor licence conditions imposed by the LAT

A licensee may apply to the LAT-GS under s. 11(4) of the Liquor Licence and Control Act, 2019 (LLCA) to remove a licence condition that the LAT-GS has imposed. The LAT-GS may not remove conditions that were imposed pursuant to s. 9(3), 9(4), or 19(3) of the LLCA. LAT-GS may remove conditions only if there is a change in circumstances.

For more information, see the Information Sheet on Applications to Remove Liquor Licence Conditions .

Cannabis licence and registration matters

Adjudicating cannabis matters rests with the LAT-GS.

The LAT-GS operates 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 issued by the Registrar of the AGCO to the LAT-GS:

1. Notice of Proposal to Refuse to Issue a Licence
2. Notice of Proposal to Impose a Condition(s) on a Licence or Authorization
3. Notice of Proposal to Refuse to Renew a Licence or Authorization
4. Notice of Proposal to Revoke or Suspend a Licence or Authorization
5. Suspension Order on a licence or authorization (Immediate)
6. Revocation Order on a licence or authorization (Immediate)
7. Order of a Monetary Penalty (OMP)

For more information, see the Information Sheet on Cannabis-related appeals to the LAT .

Matters for builders and vendors of new homes

The New Home Construction Licensing Act, 2017 (NHCLA), establishes a regulatory scheme 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.

For more information, see the information sheet on Appeals under the New Home Construction Licensing Act, 2017 .

Towing and storage matters

The Towing and Storage Safety and Enforcement Act, 2021 (TSSEA) establishes a regulatory scheme for tow truck drivers, tow operators and vehicle storage operators in Ontario.

The Director of Towing and Vehicle Storage Standards is the authority under the TSSEA with the responsibility of overseeing the Act.

A party who applies for certification, or who is currently certified under TSSEA, can appeal the following decisions by the Director of Towing and Vehicle Storage Standards to the LAT-GS:

• A decision to refuse to issue a certificate;
• A decision to refuse to renew a certificate;
• A decision to suspend a certificate;
• A decision to revoke a certificate;
• A decision to amend a certificate under subsection 6(3); or,
• Any other decision of the Director specified by the regulations.

For more information, see Appeals under the Towing and Storage Safety and Enforcement Act, 2021 .

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Consumer compensation claims

New home warranty matters

The Ontario New Home Warranties Plan Act (ONHWPA) creates statutory warranties that all vendors and builders of new homes must provide to the owners. Tarion administers the new home warranties plan.

These warranties include that the homes are fit for habitation and constructed according to applicable standards. Tarion’s role is to ensure that buyers of these homes receive the coverage they are entitled to under their builder’s warranty.

Tarion’s decisions can be appealed by purchasers to the LAT-GS. If following a hearing the LAT-GS finds that the homeowner’s claim is proven, the LAT-GS may order Tarion to pay compensation to the homeowner or to arrange for repairs.

For more information, see the information sheet on Ontario New Home Warranties Plan Act Appeals .

Other compensation claims

There are other statutes which provide for compensation in circumstances involving registrant conduct such as the Travel Insurance Act, 2002 and the Motor Vehicle Dealers Act.

The decisions of the regulator under those statutes, and others, can be appealed to the LAT-GS.

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Appeals of compliance orders

Accessibility of Ontario matters

Under 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 LAT-GS within 15 days after the date the order was made.

The LAT-GS is not related to the ADO and makes independent adjudicative decisions. For more information, see the information sheet on appeals of Orders made by a director under the Accessibility for Ontarians with Disabilities Act, 2005 .

Filing an appeal or application

To appeal or apply to the LAT-GS, you must complete the appropriate forms or provide the necessary details in writing.

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 completed application, including your full name, address, email address and telephone number
• a copy of the decision, proposal or order being appealed
• if you have chosen to have counsel or an agent to represent you, their full name, address, email address, telephone and fax numbers
• the filing fee

Appeals and applications can be sent to the LAT-GS by mail or email. For all LAT-GS forms, and for more information about what to include with your application and how to file, see Forms, Filing and Fees.

Time limits

Timelines for filing an appeal or application with LAT-GS are different depending on the type of case.

Timelines are often indicated on the decision, proposal or order issued by the Regulator.

If an applicant or appellant is unable to determine what the timeline is for a particular situation, they should contact the Regulator that issued the decision, proposal or order to verify.

Alternatively, applicants and appellants may contact the LAT-GS.

Filing fee

The filing fee is $106. Filing fees are per licence or registration. If you are filing an appeal or application about more than one licence or registration, ensure you have submitted a $106 payment for each one. The $106.00 fee is non-refundable.

Filing fees can be paid online using Visa Credit Card, Visa Debit, MasterCard Credit Card or Debit Mastercard. Alternatively, it can be paid by certified cheque or money order and submitted by mail or courier. For more information, visit Forms, Filing and Fees.

Documents

Once you have submitted your appeal or application, a Case Management Officer will review the documents to ensure they are complete.

A Case Management Officer may contact you if additional information is needed.

Documents you submit to the LAT-GS are available to the public on request subject to limited exceptions. Please see Tribunals Ontario’s Access to Records Policy to learn more.

Motions

Parties to an application or appeal can file a Notice of Motion at the time of filing or throughout the lifecycle of the case.

Some examples of motions include (but are not limited to) requesting the LAT-GS for an order:

• granting an extension of time to file an appeal
• granting a stay of the order or decision the Appellant is appealing
• removing a stay previously granted by the LAT-GS
• dismissing the appeal because a party believes the LAT-GS does not have the jurisdiction to hear the appeal

The party filing the Notice of Motion must serve a copy of it on other parties.

The party making the motion must then complete a Certificate of Service and file it with the LAT-GS to let the LAT-GS know how and when the Notice of Motion was served on any other parties.

In some exceptional circumstances the LAT-GS may allow a party to bring a motion forward at a pre-hearing or hearing without prior notice to the parties.

For details about the requirements for disclosure and service of a Notice of Motion see Rule 15 of the LAT Rules of Practice .

After a party submits a Notice of Motion to the LAT-GS, the LAT-GS may schedule a hearing for the motion, or determine that the motion will be considered during a scheduled hearing or pre-hearing instead. If a motion hearing is scheduled, the procedure is similar to the LAT-GS hearing process.

Usually, one adjudicator hears the motion. The party bringing the motion makes a presentation describing why they want the order. The other party then presents their position, and the person bringing the motion replies. The adjudicator may ask questions at any time during the motion.

If a motion hearing was scheduled, the LAT-GS will make its decision after the motion hearing has concluded, and send a written decision to the parties. If the motion was heard as part of a hearing or pre-hearing, the LAT-GS will include the outcome of the motion in a written order sent to the parties.

See the information sheet on motions for details.

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Requesting an accommodation

We are committed to continuously improving the accessibility of the services we provide.

If you require a disability-related accommodation to participate in a LAT-GS proceeding, or if you require assistance to access other services, please visit Request an Accommodation.

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Withdrawing an appeal or application

If you decide to withdraw your appeal or application before the hearing, you will need to provide written notice to the LAT-GS and copy the other parties to the appeal before the scheduled hearing date(s) using the Notice of Withdrawal form.

If you are at a case conference or hearing, and wish to withdraw your appeal, you can inform the adjudicator of your decision to withdraw your appeal at that time.

Case conferences

The first step of the appeal process involves a case conference with all parties.

The case conference is generally conducted by telephone and facilitated by an adjudicator of the LAT-GS.

Purpose

The case conference provides an opportunity for the facilitator to provide information about the appeal process, and for parties to discuss, clarify and narrow issues.

In some cases, it may allow the parties to settle or resolve the issues without the need for a hearing.

If the parties are unable to resolve the issues, the facilitator takes steps to move the matter forward to hearing including setting the date and format for the hearing, and setting dates by which the parties must provide documents and other information to the other party and the LAT-GS.

Timelines

Case conferences are generally not conducted for some matters such as vehicle impoundments or appeals of immediate suspension orders.

Case conferences for expedited matters, such as driver’s licence suspensions, take place within 15 to 30 days from the date the completed appeal is filed with the LAT-GS.

In all other matters, the LAT-GS will set a date for a case conference in a timely manner. The Notice of Case Conference will confirm the date, time and dial-in information for the Case Conference.

Preparing for a case conference

Parties should come to the case conference prepared to discuss settlement and attempt to resolve the issues in dispute. If the matter is not resolved at the case conference, then the facilitator will take steps to move the matter forward to a hearing.

A party or their representative must participate in the case conference.

Outcomes

Possible outcomes of a case conference include:

• the matter is settled or resolved
• the appeal or application is withdrawn
• the case conference is adjourned or rescheduled
• a hearing is scheduled and procedural directions or orders are made

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Hearings

A hearing is only held if the parties are unable to resolve the matter at the case conference.

The hearing dates are set by the case conference facilitator in consultation with the parties.

Hearings can be conducted in writing, by teleconference, videoconference or by any combination of these formats.

The hearing format is determined on a case-by-case basis by the facilitator at the case conference with input from the parties.

In some circumstances, a party can request a change in the hearing format through a Notice of Motion. This motion should be filed well in advance of the hearing date.

The hearing process

Appeals are heard by a panel of one or more LAT-GS adjudicators.

At a hearing, each party gets a chance to present their case. An adjudicator may ask each party to begin with an opening statement to summarize their position. A party presents their evidence by referring to documents or exhibits and calling their witnesses to testify.

When a witness is called to testify, they are asked questions by the person who called the witness. After the examination of the witness, the other party has the chance to cross-examine the witness by asking them more questions.

After all evidence has been presented and all witnesses have testified, the LAT-GS hearing panel will ask each party (or their representative) to make closing submissions, which is a summary of each party’s argument about why the appeal should be granted or dismissed.

The hearing panel may make some closing comments and then the hearing will be finished.

Preparing for a hearing

Evidence

If the matter goes forward to a hearing, the parties must prepare to present their case through evidence . Evidence includes oral testimony, or any documents or things (e.g., photographs) that are relevant to the subject-matter of the hearing and support your position. The LAT-GS considers the evidence presented to reach its decision. For more information, see presenting your case .

Disclosure

You must copy the other party when corresponding with the LAT-GS regarding matters that relate to the appeal or hearing.

If you want the LAT-GS to consider any documents or other things at the hearing, you must provide them to the other party and to the LAT-GS.

The exchange of documents will also be discussed at the case conference.

The case conference’s facilitator will consider the position of both parties before setting dates by which you must disclose any documents or things that you intend to rely on at the hearing.

Witnesses

You may want a witness to attend the hearing to testify.

At the case conference, the facilitator will discuss matters relating to witnesses.

You may be asked to provide a list of witnesses who you may call to give evidence at the hearing, and a brief description of each witness’ anticipated testimony.

If your witness does not want to attend the hearing, you may request a summons from the LAT-GS that, if served properly, would require the witness to attend the hearing. To request a summons, you must complete the Summons to a Witness form and submit it to the LAT-GS for approval.

Service of a LAT-GS approved summons and payment of attendance money is the responsibility of the party that obtained the summons. Attendance money should be calculated in accordance with the Rules of Civil Procedure and the Superior Court of Justice.

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If you cannot attend your case conference or hearing

You are expected to be prepared and ready to proceed on the date scheduled. If you cannot attend a scheduled case conference or hearing, you must notify the LAT-GS and the other party as soon as possible that you are requesting an adjournment. The request must include:

• the reason for the request
• written agreement to the adjournment from the other party or their representatives, if the parties have agreed to the request

Adjournments are only granted on very specific and exceptional grounds (e.g., serious illness; parties are close to settling the matter, etc.). For more information on adjournments, please see the Practice Direction on Adjournments and the Request for Adjournment form .

Decisions

After the hearing, the LAT-GS adjudicator(s) hearing the appeal or application will deliberate and issue a decision with written reasons that explain why the LAT-GS reached its decision.

The LAT-GS sends a copy of the decision to both parties.

Decisions are also posted on the Canadian Legal Information Institute (CanLII) website. CanLII is an online platform that offers free public access to LAT-GS and court decisions. You can access LAT decisions on CanLII.

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Orders

Adjudicators can make orders during the case conference, the hearing or as part of the decision.

The adjudicator’s orders are legally binding and must be followed.

If either party believes that the other party is not obeying an order, or if a party is having trouble getting the remedy that the adjudicator has ordered, the order can be registered with the Superior Court of Justice.

It is then enforceable, as if it is an order of that Court.

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Requests for reconsideration

Under the Licence Appeal Tribunal Rules , a party can ask the LAT to reconsider its decision, but must do so within 21 days of the date of decision. A request for reconsideration from a party must be served on all other parties and must include:

• Reasons for the request, specifying applicable criteria under Rule 18.2;
• Notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and
• Remedy or relief sought

Requests will be considered by the LAT-GS. Requests will not be granted without first giving the other side an opportunity to respond.

A request for reconsideration will not be granted unless the LAT-GS is satisfied that one or more of the following criteria are met:

• The LAT-GS acted outside its jurisdiction or committed a material breach of procedural fairness;
• The LAT-GS made a significant error of law or fact such that the LAT-GS would likely have reached a different decision had the error not been made;
• There is new evidence that could not have reasonably been obtained earlier and would have affected the result.

Reconsideration decisions are published on CanLII.

For more information, see the Practice Direction on Reconsiderations .

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How you can appeal a LAT-GS decision

Decisions made by an adjudicator can only be appealed if they contain a legal mistake. However, in limited circumstances, a party who is dissatisfied with a decision can request a “judicial review” by the Divisional Court. Appeals or applications for judicial review must be filed with the Divisional Court within 30 days of the date the LAT-GS releases its decision. You will find this date at the end of the decision document. The Ministry of the Attorney General’s Guide to Appeals in Divisional Court explains how to apply for an appeal in Divisional Court.

The Divisional Court will ask if there is a transcript of the hearing but the LAT-GS is usually unable to provide one. LAT-GS hearings may be recorded but the LAT-GS does not guarantee the quality of any recording nor is the LAT-GS responsible for producing transcripts. Parties are strongly encouraged to seek the LAT-GS‘s permission to bring their own court reporter and, if a party intends to use a transcript as part of their appeal, that party is responsible for ordering transcripts and providing copies to all other parties and the LAT-GS.

You may want to get legal advice before you start your appeal.

For more information, see Statutory Appeals from Decisions of the LAT .

Resources for filing an application or appeal

• Accessibility for Ontarians with Disabilities Act (AODA) Appeal Information Sheet
• Administrative Driver’s Licence Suspension Appeal Information Sheet
• Alcohol and Gaming Commission of Ontario (AGCO) Appeal Information Sheet
• Appeals under the Trust in Real Estate Services Act, 2002 (TRESA)
• Applications to Remove Liquor Licence Conditions Information Sheet
• Cannabis-related appeals Information Sheet
• Medical Drivers Licence Appeal Information Sheet
• Motor Vehicle Impoundments Appeal Information Sheet
• New Home Construction Licensing Act, 2017 (NHCLA) Appeals Information Sheet
• Ontario New Home Warranties Plan Act (ONHWPA) Appeals Information Sheet
• Towing and Storage Safety and Enforcement Act, 2021 (TSSEA) Information Sheet

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Resources for after an application or appeal has been filed

• Application Rules Information Sheet
• Calling Evidence Information Sheet
• Disclosure Information Sheet
• Motions Information Sheet
• Presenting Your Case Information Sheet
• Statutory Appeals Information Sheet