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STATUTORY POWERS PROCEDURE ACT,

R.S.O. 1990, c. S.22, as amended

IN THE MATTER OF A HEARING PURSUANT TO PART VI OF

THE CORPORATION OF THE TOWN OF BANCROFT BY-LAW NO. 24-2012

 

JOHN ROSS, BARBARA ROSS and BANCROFT TAXI

 

                                                                                                                                    Appellant

RE:      IN RESPECT OF AN APPEAL BY JOHN ROSS AND BANCROFT TAXI OF THE DECISION OF THE COPORATION OF THE TOWN OF BANCROFT TO TERMINATE TAXI OWNER AND DRIVER’S LICENCES AS OF MAY 13, 2014 AND TO REFUSE RENEWAL OF THESE LICENCES.

 

DECISION

Tribunal Members – Bernice Jenkins- Chair, Wayne Wiggins, Paul Jenkins, John Kirby, Don Koppin, Charles Mullett, Peter Whitehead

 

Appearing – Mr. W. Watson for the Appellants

______________________________________________________________________________

 

The Tribunal sat for a four hour hearing on May 13, 2014.

At the outset of the hearing, the Tribunal brought its own motion to quash the summons served on Ms. Bernice Jenkins by the Appellants.  After hearing submissions from Mr. Watson, the Tribunal decided to grant the motion and quash the summons as having no legitimate purpose.

The Tribunal first heard evidence from Hazel Lambe, the Chief Administrative Officer and Clerk of the Town of Bancroft.   Ms. Lambe presented the public complaints and incidents with respect to Bancroft Taxi on which she made her decision to cancel Bancroft Taxi’s Owners and Drivers Licences.  Ms. Lambe indicated that the most alarming complaint was the complaint letter dated February 6, 2014 as she believed that it provided evidence of conduct by John Ross and Bancroft Taxi that was in violation of Town of Bancroft By-law 24-2012 as well as adverse to the public interest.   Ms. Lambe indicated that she made her decision on February 10, 2014 and it was communicated to Bancroft Taxi by way of letter dated March 4, 2014.

The Tribunal then briefly heard from Dale Shannick, Chief Building Official and By-law Enforcement Officer for the Town of Bancroft, regarding an incident he had with Bancroft Taxi on October 1, 2013 that was reported to Ms. Lambe.

John Ross then gave evidence with the assistance of Mr. Watson.  Mr. Ross presented letters from some of the original complainants who appeared to have withdrew/recanted their original complaints.  Mr. Ross also presented a number of letters from various Bancroft businesses and residents in support of Bancroft Taxi retaining its Taxi Licence.   On the issue of whether Bancroft Taxi uses its taxi meter, Mr. Ross’ evidence was that he only uses the meter “sometimes” but it was his and Mr. Watson’s assertion that Town of Bancroft By-law 24-2012 does not require the taxi meter to be used as long fares are computed and levied in accordance with the rates set out in the By-law.  This was the subject of much discussion as was whether the rates set out in the By-lay may be inappropriate.

After weighing all of the evidence and considering the submissions of both Mr. Watson and Ms. Lambe, the Tribunal’s decision is to set aside the decision of Hazel Lambe and to substitute its own decision.  Bancroft Taxi’s Taxi Owner Licence is not to be revoked and remains valid.  Barbara Ross and Eric Lavoy’s Taxi Driver’s Licences are not to be revoked and remain valid.  John Ross’ Taxi Driver’s Licence is suspended for one (1) week effective 12:01 a.m. Wednesday May 14, 2014 to be reinstated at 12:01 a.m. Wednesday May 21, 2014.  During that week, John Ross is not permitted to operate a taxi within the geographical boundaries of the Town of Bancroft as provided by Town of Bancroft By-law 24-2012, as amended. 

The decision of the Tribunal was unanimous and the decision to suspend John Ross’s Taxi Drivers Licence for one (1) week was based on complaint evidence that John Ross had violated Sections 4.3(g), 4.4(x) and 6.1(b) of Town of Bancroft By-law 24-2012.      

The Tribunal so Orders.

Town of Bancroft

8 Hastings Heritage Way, P.O. Box 790
Bancroft, ON K0L 1C0

Phone: (613) 332-3331
Fax: (613) 332-0384

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