March 2019

Mystery applicant before TLT withdraws application for VFH license renewal

By John Q. Duffy

An In camera hearing into the application of a Vehicle for Hire driver who can only be identified as K.H., was cut short when the driver, through his legal agent, withdrew his application.

The Toronto Licensing Tribunal, with Gary Yee, Anu Bakshi and Victoria Romero presiding on February 7, 2019, acknowledged for the record, a request for withdrawal of an MLS report.

Robert Stewart, a Paralegal representing K. H. attended this hearing.

On behalf of his client Stewart requested the application for a Vehicle-For-Hire Driver’s License be withdrawn.

It is unknown what reasons, if any, were offered for the withdrawal.

Municipal Licensing and Standards requested that Stewart provide written confirmation to MLS noting the above request, to which he complied.

K.H. did not attend this hearing.

This is the matter where Taxi News formally requested the TLT reconsider a prior decision to go in camera, and instead conduct an open hearing.

This request was denied by this panel.

The TLT order states: “The Tribunal orders the hearing of KH to proceed in camera.

“The Tribunal reaffirms the sealing order put in place on July 19, 2018. All documents filed, all exhibits entered, and all court recordings of the matter, are to be sealed. This sealing order does not apply to the motion materials or exhibits filed for the motions heard on January 17, 2019, because these materials do not reveal the name of the Applicant or disclose the identity of the alleged victim.”

In the lengthy written decision the Panel concluded that “the salutary effects of a closed hearing outweighed any deleterious effects on the rights and interests of the parties and the public.”

By way of background, the written decision relating to Taxi News’ request for an open hearing states, that “In October 2010, KH was charged with numerous offences under the Criminal Code (CC) as a result of alleged sexual assaults of a minor in 2009 and 2010.

“In October 2017, MLS advised KH his Taxicab Owner’s Licence would be the subject of a Tribunal hearing, as a result of a March 2017 conviction for assault arising out of those charges.

“In December 2017, KH applied for a Vehicle-for-Hire Driver’s Licence. In February 2018, MLS sent KH several letters outlining the grounds for denying his application for a Vehicle-for-Hire Driver’s Licence, as well as the grounds for not renewing his Taxicab Owner’s Licence. In February 2018, KH requested a Tribunal hearing.

“On March 29, 2018, the hearing regarding KH was adjourned to no specific date.

“On July 19, 2018, the Tribunal heard an MLS motion to hold the hearing in camera and to seal documents. After hearing the motion, the Tribunal ordered the documents in this matter be sealed. KH was asked to surrender his MLS photo card on July 20, 2018 at 5:00 pm, and the matter was adjourned to no specific date.

“As set out in the summary of decisions, on November 22, 2018, the Tribunal ordered that preliminary motions be scheduled on January 17, 2019, and that the applicant file all motion materials by January 7, and the respondent must file all motion materials by January 14. The full hearing was adjourned to February 7, 2019.”

In any event the matter is now apparently closed. K.H. does have the right to apply again for this or any other license in the future if he so desires.


2019 Taxi News



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