April 2018

VFH license applicant assures TLT he has grown up since ‘reckless days’

by John Q. Duffy

Mirza Khan, applying for a Vehicle-For-Hire Driver’s License got it on four years probation and the usual reporting requirements for both his driving and criminal records.

At a March 1, 2018 hearing before the Toronto Licensing Tribunal panel of Daphne Simon, Keith Cooper and Gary Yee, City attorney Graham Thomson told the TLT Khan has convictions under the Criminal Code, the Highway Traffic Act and the Compulsory Automobile Insurance Act.

When Thomson started to detail convictions from 1978 to 1991 he was stopped by panelist Yee and was told “these are quite old. Is there any benefit (to going through them)?”

Thomson said while they are old, they are issues of concern to MLS.

He agreed to summarize the criminal record which includes drinking and driving, failing to stop resulting in an accident, possession of a weapon, threatening, driving while suspended, Obstruction, Failure to Comply, and others.

However the most recent conviction appears to be from 2008.

Khan has passed a Drive Safe program and has had anger management counseling. He stopped drinking in 2008, Thomson said.

Khan told the panel, “I’ve grown up a lot since my reckless days.”

The City was content with a four-year period of probation, with Khan providing up to date criminal and driving abstracts on each of those next four renewals and the usual reporting conditions.

The business licenses of BF Auto Repairs Ltd., o/a Fairway Towing & Storage holding 7 tow truck licenses and BF Auto Repairs Ltd., o/a Guarantee Towing, holding 1 tow truck license, Vassilios Floros president of both companies, were renewed after the TLT panel accepted a joint submission.

The panel heard that trucks operating in these companies had amassed a substantial number of charges and convictions under the Highway Traffic act, the Criminal Code and the Toronto Municipal Code, itemized in a 230-page report submitted to the TLT.

As a result of these convictions, the companies had been assessed about $20,000 in unpaid fines.

It was agreed between the companies and the City that all licenses would be on probation for two years, all fees, documents and/or any outstanding requirements must be submitted to the satisfaction of Municipal Licensing and Standards within 30 days of the Tribunal hearing, failing which the licenses may be cancelled; upon being renewed, all Tow Truck Owner’s Licenses will be placed on probation for a period of two years and during the probationary period, if Municipal Licensing and Standards has concerns with any new charges or convictions against BF Auto Repairs Ltd., those matters and this report, and any updating material, may be brought back before the Tribunal for a full hearing.

Thomson said the two-year probation was sufficient to address public safety concerns.

Frank Alfano, a Paralegal representing on behalf of Floros, told the panel his client was taking this matter “very seriously” but could not promise the companies could go for two years “without a single ticket.”

Panel Chair Simon reminded him “any new charges or convictions and MLS has the option to reopen this.”

Francesca Grazia Bancheri and Douglas Marcelo Burgos Madrid o/a Freshed Right, got the Retail Store License they wanted.

MLS concerns centered on criminal convictions of Marcelo’s from as old as 1997 through 2006.

Among them were convictions under the Controlled Drugs and Substances Act and a “high speed chase through downtown Toronto.”

However, Thomson said the record, while “concerning” was 10 years old and there is solid evidence Marcelo has “turned his life around.”

Bancheri testified on his behalf saying “I would not enter into a partnership with someone who would be a risk to myself.”

The license will be on probation for two years and Marcelo must provide an up to date criminal record abstract at each of the next two renewals. The other usual reporting conditions will also apply.

Mohamed-Aidarus Gure, wanting to renew his Vehicle-For-Hire Driver’s License got his renewal without conditions. MLS had some concerns about his long-term driving history, but on examination overall, while not perfect, Gure’s record was deemed pretty good.

Towtal Roadside Solutions Inc., o/a Towtal Roadside Solutions, Mike Pereira, Managing Director, holder of some 41 tow truck licenses, after a joint submission was approved, gets his renewals but conditions apply.

Three of the licenses were suspended for three days.

One condition imposed by the TLT in 2016 was removed and two others are unchanged.

Apparently Pereira failed to report all new charges and convictions as required, possibly because the driver of the truck did not understand even a charge of failing to stop fully at a red light had to be reported.

The old reporting requirements are no longer needed, however, as MLS has access to a provincial database.

However a four-year period of probation imposed in 2016 continues and if there are further problems concerning MLS the whole matter may be brought back.

Pereira told the panel “We’re trying to best we can. It’s a difficult job to look after so many drivers and I think we’ve done very well with it.”

Finally this hearing day, 1808831 Ontario Inc o/a Green Leaf Health Centre and holder of a Holistic Practitioner License and a Holistic Centre Owner License, Feng Ying Qian, will get to renew her licenses but they were immediately suspended for seven days from March 4 through March 10 and will be on probation for three years.

During the probationary period, if Municipal Licensing and Standards has concerns with any new charges or convictions against the company or its owner, those matters and this current report, plus updating material, may be brought back before the Tribunal for a full hearing.

The company has numerous convictions under City by-laws, including operating after hours and a court order shutting down the business associated with that conviction. But apparently the court order was ignored by Qian, resulting in further convictions.

Thomson told the panel the business has not opened again since November 2017.

Through a Mandarin interpreter, Quin assured the panel she understood all conditions of this TLT order.


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VFH license applicant assures TLT he has grown up since ‘reckless days’