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September 2019

TLT restores license conditional on anger management training

by John Q. Duffy

Based on decisions posted on the Toronto Licensing Tribunal web site, the following is an abbreviated summary of what transpired at hearings relating only to the Vehicle For Hire industry in July of this year.

The TLT did not sit for the first two weeks of August and decisions from August 15 and 22 have not yet been posted as of August 27th.

On Thursday, July 4, 2019 before the panel of M. Lee, M. Carter-Whitney and V. Francis, the hearing into the application of Abbas Hassan Obeid for a Vehicle-For-Hire Driver’s Licence was adjourned to a date to be determined as he notified TLT staff he was out of the country.

A Joint Resolution was approved in the matter of Obaidur Rahman applying for a Vehicle-For-Hire Driver’s Licence subject to the usual conditions of fees payment and other requirements being satisfied. The license will be on probation for a year and will be subject to extra checks for any “driving, criminal, and bylaw charges and convictions.”

After being told Saqib Ali does not intend to renew his VFH Driver’s Licence when it expires the panel approved his request not to have a renewal hearing.

Finally this day, at the request of Municipal Licensing and Standards the TLT adjourned a hearing into the renewal of the VFH license of Asad Ayub to a date to be determined to allow MLS to “obtain additional information from an officer of the Toronto Police Services.”

On Thursday, July 11, 2019 the panel of D. Simon, M. Laverty and E. Montigny adjourned the hearing into the continuation of the VHF license of Cemil Caliskan to October 10, 2019. Caliskan was unable to attend this scheduled hearing and requested a future date.

A hearing into continuation of the VFH license held by Fazal-Ur-Rehman Khan was adjourned to September 12, 2019, peremptory to Mr. Khan. The licensee did not attend this hearing day and MLS staff “will endeavour to obtain further information in this matter.”

An Ambassador taxicab license held in the estate of Keith Orlando Bogle, Yvonne Jaycenth Bogle, Estate Trustee with Jason Emile Bogle having signing authority, received an extension of time to sell or transfer the license until Monday December 2, 2019.

The VFH and Taxicab Owners licenses held by Abdulsalam Shahmehr were renewed without conditions. The TLT panel will issue written reasons for its decision in due course.

On Thursday, July 18, 2019 before the panel of A. Bakshi, M. Carter-Whitney and V. Francis, the TLT approved a time extension to sell, transfer or dispose of a Taxicab Owner’s Licence held in the estate of Mohammad Ali Kay, Molly Jung, Estate Trustee until August 18, 2020. Dayna Murczek, Student-At-Law attended on behalf of Molly Jung.

The VFH license held by Akbar Sadat was reinstated and an order was issued as follows: (1) The requirements of Rule 18 of the Tribunal’s Rules of Procedure are dispensed with. (2) The interim suspension of VFH that was issued as part of the June Interim Order was lifted.

The License is reinstated to the licensee on an interim basis pending a full hearing on the merits of this matter or some future interim order by this Tribunal. (4) This interim order is made without prejudice to MLS’s “right to seek a revocation of the Licence upon the full hearing on the merits of this matter.”

Sadat agreed to an attached undertaking that if he incurs any new charges or convictions under the Highway Traffic Act, Criminal Code or City of Toronto Municipal Code Chapter 546, he must notify MLS, in writing, within three business days, He must “ “successfully complete” three courses by no later than August 31, 2019: a) The “road rage” program offered by Salvation Army; b) The “anger management” program offered by Salvation Army; and c) A minimum of seven hours of safe and/or defensive driving instruction through a Ministry-approved driving improvement program, which is to include at least three hours of on-the-road instruction.

Furthermore, he “shall also take immediate steps to see a family doctor, psychologist, and/or psychiatrist regarding his anger management issues.”

Also, he “is required to produce to MLS written confirmation that he has fulfilled the conditions set out in the undertaking “including certificates from Salvation Army and the Ministry-approved driving program,” on or before September 6, 2019.

MLS retains the right to bring back this matter if circumstances warrant it.

Sadat signed an undertaking to: “keep the peace and be of good behaviour,” to be “civil an well-mannered in all of my dealings with members of the public, including my customers, fellow vehicle-for-hire drivers, and all Municipal Licensing and Standards staff and enforcement officers,” and to “observe and comply with the rules of the road and the Highway Traffic Act”, to read “the entirety of Chapter 546 of the Toronto Municipal Code (“TMS”) by July 26, 2019” and “to observe and comply with my obligations under Chapter 546 of the TMC, including but not limiting the rules around refusing fares,” as well as to “observe all laws of Canada.”

This undertaking was signed on July 18, 2019.

On Thursday, July 25, 2019 before E. Montigny, A. Bakshi and D. Simon VHF driver license applicant Sibtain Akhtar received his license subject to the usual conditions, however it was immediately suspended for ten days and it will be on probation for three years.

MLS may make additional checks of any driving, criminal, and bylaw charges and convictions against him.

Akhtar must provide to Municipal Licensing and Standards every six months, at his own expense, an updated Ministry of Transportation driver’s abstract, to be submitted within three days of the following dates: January 24, 2020, July 24, 2020, January 25, 2021, July 26, 2021, January 24, 2022 and July 25, 2022.

Should MLS have further concerns he may be brought back before the TLT for a full hearing,

A report concerning the conduct of Hamza Mahmood applying for a VFH Licence was withdrawn by MLS as the application was cancelled at the request of the applicant. Mahmood did not attend this hearing.

For unreported reasons, a hearing into the VFH license held by Robel Dawit Yosef was adjourned to September 26, 2019. Yosef failed to attend this hearing day.

The VFH license applied for by Ahmed Hassan Gedy was granted after approval of a Joint Resolution subject to the usual fees and documents conditions and will be on probation for a period of three years. MLS may make additional checks of any driving, criminal, and bylaw charges and convictions against him. Plus, he must, before each of the next three renewals of the license, provide to MLS, at his own expense, an original up-to-date abstract of his Criminal Record and Judicial Matters Check.

Finally, Rasaq Abiodun Azeez received a VFH license after approval of a Joint Resolution.

The usual fees and documents conditions apply and the license will be on probation for a year.

MLS may make additional checks of any driving, criminal, and bylaw charges and convictions against Mr. Azeez and if MLS has concerns with any new charges or convictions or any other concerns with respect to the conduct of the licensee, he may be brought back before the Tribunal for a full hearing.

 

© 2019 Taxi News

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TLT restores license conditional on anger management training

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