License renewed despite impaired driving charge
by John Q. Duffy
Despite an impaired driving charge, the Vehicle-For-Hire license renewal of Arunagirinathan Kobynathan was accepted as a result of the ratification of a Joint Proposal.
However it was immediately suspended for two days; Mr. Kobynathan surrendered his license and photo card to Municipal Licensing and Standards at 9:00 am Monday December 10, 2018 and got it back 9:00 am Wednesday December 12, 2018.
Further, the license was placed on probation for a period of two years. Kobynathan was advised that during the probationary period, MLS may make additional checks of any driving, criminal, and bylaw charges and convictions. Other usual conditions apply.
This driver has an Impaired Driving charge on his record, but the case is still before the courts. His Provincial Drivers’ License was suspended for 3 days as a result of this charge.
A criminal charge of Fraud Under $5,000 was withdrawn.
The Toronto Licensing Tribunal panel of Anu Bakshi (chair), Victoria Romero and Moira Calderwood heard this case on Thursday, Dec. 6, 2018.
When Caulderwood asked about public safety concerns, City lawyer Brennah Smith commented that the City factored in a number of factors, “personal and public.”
She said, “It’s not always easy. The facts (in each case) are different.” The panel accepted the proposal.
In another case, the Tribunal allowed the Taxicab Owner’s License for Taxicab Plate No. 3219 to remain in the Estate of Luigi De Rose, Frances Mary De Rose, Estate Trustee, until September 30, 2019.
A misunderstanding on the part of the estate led them to believe the required transfer had already happened. The time is needed for the estate to accumulate the amount of money needed to pay the City’s transfer fee.
Abdul Baqi Hadi’s application for a Tow Truck Driver’s License was denied without prejudice to him.
The City presented a very long list of charges and convictions registered against Hadi over a multi-year (2003 to 2013) span. MLS staff told the panel the number of charges and convictions did not allow staff to issue a license until the matter was brought before the tribunal.
The charges and convictions include Fail to Comply with a probation order, uttering threats by email, possession of a stolen credit card, possession of a Schedule 2 substance, aggravated assault, multiple theft charges and convictions, multiple credit card fraud charges and convictions and fail to comply with a recognizance.
The panel was told there are apparently some outstanding arrest warrants out for him.
Hadi said the past couple of years have been “rough” for him and he is “embarrassed” looking at his record. He has had custody disputes over his child with his past common law spouse. He said he has been clear of problems for years now and is turning his life around.
However Smith commented that he brought no mitigating evidence with him, no reference letters. She noted he had been involved in a “sophisticated fraud.”
In addition he has at least two Careless Driving convictions, plus other more minor Highway Traffic Act charges.
She said “There are overwhelming grounds to deny the license today. There is nothing to give us comfort.”
Hadi said “I don’t know what else to say. I’ve been staying out of trouble. I hardly hang out with friends any more.”
He said he takes care of his 9-year old son.
After deliberation the panel decided not to grant the license.
Caulderwood said that while they see “progress in turning your life around” the number of charges and convictions “remain cause for concern.”
Hadi was bitter at the refusal. He said he had been waiting nine months for this hearing and “You already made up your mind. What am I going to do? Thanks for your time.”
Written reasons for the decision will follow.
Rana Salman Tenveer, applying to renew a Renewal of Vehicle-For-Hire Driver’s License got the renewal but the license will be on probation for two years. Tenveer is advised that during the probationary period, MLS may make additional checks of any driving, criminal, and bylaw charges and convictions. Other usual conditions apply.
Tenveer has had his drivers license suspended and his car administratively impounded due to speeding.
Naeem Mohammad Mian, applying to renew his Vehicle-For-Hire Driver’s License got to keep his license but it will be on probation for a period of two years.
Mian is advised that during the probationary period, MLS may make additional checks of any driving, criminal, and bylaw charges and convictions against him and conduct other investigations, as appropriate. Other usual conditions apply.
Due to a conviction for doing 150 kph in a 100 kph zone, Mian had his Provincial Drivers License suspended and his car impounded for seven days each.
This result was also due to acceptance of a joint proposal.
The Vehicle-For-Hire Driver’s License held by Nega Tesfaye Getahun was renewed and suspended for two days. Getahun must surrender his license and photo card to Municipal Licensing and Standards on the first day of the suspension starting 9:00 am December 10, 2018 and going to 9:00 am December 12, 2018.
Immediately upon renewal the license will be placed on probation for a period of three years. Getahun is advised that during the probationary period, MLS may make additional checks of any driving, criminal, and bylaw charges and convictions, as well as the other standard probationary conditions being in effect. Other usual conditions apply.
Getahun was driving a taxi when it sideswiped another car.
The panel was told that in a pre-hearing the driver said a passenger was pressing him to “speed up and pass” another car.
The other driver then said the cab driver failed to cooperate in exchanging information, however Getahun disputes this allegation despite his conviction in court.
Smith told the panel Getahun’s conduct did not warrant revocation but was worthy of fairly severe censure. The joint proposal was approved.
The Retail Store (Food) and Eating Establishment licenses held by Village Juicery Inc. Austin Tyler Colford and Omar Nassim Shaheen, Directors were all placed on probation for of two years. Village Juicery Inc. and Village Juicery Yorkdale Inc. were advised that during the probationary period, MLS may make additional checks of any driving, criminal, and bylaw charges and convictions against Village Juicery Inc., Austin Tyler Colford and Omar Nassim Shaheen and conduct other investigations, as appropriate.
MLS had concerns about these licenses. The first arose from an employee accident, where the company was fined $15,000 and the fine has not yet been paid, but is not due until 2019.
It also was operating without a City license. The owners explained that due to a rapid expansion and the resulting confusion a license renewal was missed.
The panel accepted that the company was trying to do better.
The Tribunal adjourned the matter of Matias Abebe Fikade’s Vehicle-For-Hire Driver’s License to January 3, 2019. A motion to vary the interim suspension will be heard at that time. The applicant must file all motion materials within seven business days of the hearing date, and the respondent’s motion materials must be filed prior to January 1, 2019. All motion materials will be served by email.
The Tribunal extended Taxicab Owner’s License for Taxicab Plate No. 1364 to remain in the Estate of Joseph Kay, Fay Kay Estate Trustee, until December 6, 2019. MLS thinks this extension is reasonable in the circumstances as she has already started the process.
The Tribunal extended Taxicab Owner’s Licenses for Taxicab Plate Nos. 2104, 3464 and 1662 to remain in the Estate of Lawrence Henry Brabant until November 29, 2019. This will allow time for the plates to be transferred into the names of the deceased three children.
A hearing into the license renewal for Vivid Bar Lounge Inc., o/a Vivid Bar Lounge, Victor Dionisio, Director was adjourned to January 3, 2019. The company’s legal agents Messers Dionisio and Bennardo, did not attend this hearing. Bennardo submitted a written request for an adjournment.