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Highways - Driving Instruction. 2668297 Ontario Limited v. Ontario
In 2668297 Ontario Limited v. Ontario (Div Ct, 2026) the Divisional Court considered two combined JRs (one set granted and one set dismissed), that related to decisions where "the manager of the Program Oversight and Management Office of the MTO (“the Minister’s Delegate”), revoked the driving instructor licences of the applicants and the driving school licences of Peel Driving School and Unique Driving School".
Here the court considers aspects of the governing regulatory framework applicable to "driving instructor and driving school licences":1. The Regulatory Framework.
[34] The governing regulatory framework is as follows. Pursuant to ss. 58 and 58.1 of the HTA, the Minister of Transportation is given authority to make decisions regarding driving instructor and driving school licences. The Regulation enacted under those provisions provides for, amongst other things, the authority and process regarding the issuance, renewal, and revocation of such licences.
[35] Section 10 of the Regulation sets out the grounds upon which a driving instructor licence may be revoked. Section 10(1)(e)(iv) specifically provides the Minister the power to revoke a driving instructor licence if(iv) the licensee is not a fit and proper person to be a driving instructor, having regard to his or her character, integrity and past conduct[.] [36] Section 21 of the Regulation sets out the grounds upon which a driving school licence may be revoked. Section 21(1)(f) specifically provides the Minister the power to revoke a driving school’s licence if(f) the licensee, or a partner, officer or director of the licensee, is not a fit and proper person to operate a driving school, having regard to his or her character, integrity and past conduct[.] [37] In addition, under s. 21(1)(c) the Minister can revoke the driving school’s licence if(c) the licensee ceases to satisfy a requirement of section 18 at any time after the licence is issued[.] [38] Section 18 sets out the various requirements for the issuance of a driving school licence. Amongst these, the combination of ss. 18(1)(10) and (11) makes it a condition for the issuance of the licence that any person “related” to a corporate driving school applicant must be a fit and proper person to operate a driving school, having regard to their character, integrity and past conduct.
[39] Section 18(2) defines what “related” means for the purpose of paragraph 11 of subsection (1). For the corporate entities Peel Driving School and Unique Driving School, s. 18(2)(5) is the applicable provision:5. Both the applicant and the person are corporations and they are or were controlled, directly or indirectly, or managed by the same person.
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