McLarty v. Director, Family Responsiblity Office

McLarty v. Director, Family Responsiblity Office

The motions judge lacked jurisdiction under s.35(3) to make a refraining order outside the 30‑day First Notice period; however because the Director failed to file evidence proving service of the First Notice when service was disputed, the suspension of Mr. McLarty's driver's licence could not stand and the Director was ordered to direct reinstatement; the motions judge erred in ordering withdrawal of any federal licence denial application because the federal notice under s.67 was properly served.

Citation
C34029
Parties
Applicant (respondent): Ian Michael McLarty; Respondent (appellant): Director, Family Responsibility Office for the benefit of Sylvie Langlois
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 March 2001
Procedural Posture
Appeal: Family Support Enforcement (driver's Licence and Federal Licences) / Court of Appeal Decision on Appeal From Motions Judge (motion to Reinstate Licence and Obtain Refraining Order)
Outcome
Appeal allowed in part. Sedgwick J.'s orders set aside in part; Director ordered to direct Registrar of Motor Vehicles to reinstate Mr. McLarty's driver's licence; no costs awarded.
Legal Topics
Support Enforcement, Driver's Licence Suspension, Service of Notice, Refraining Order, Federal Licence Denial
Source Language
English
Family Law Administrative Law Tribunal Enforcement Support Enforcement Driver's Licence Suspension Service of Notice Refraining Order Federal Licence Denial

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Parties

Ian Michael McLarty

Applicant (respondent)

Director, Family Responsibility Office for the benefit of Sylvie Langlois

Respondent (appellant)

Procedural Posture

Appeal: Family Support Enforcement (driver's Licence and Federal Licences) / Court of Appeal Decision on Appeal From Motions Judge (motion to Reinstate Licence and Obtain Refraining Order)

Legal Issues

  1. 1 Whether a court may make a refraining order after the 30‑day period in the First Notice (s.35(3))
  2. 2 Whether the Director proved service of the statutory First Notice such that licence suspension was valid
  3. 3 Whether the motions judge had jurisdiction to order withdrawal of a federal licence denial application

Ratio Decidendi

The motions judge lacked jurisdiction under s.35(3) to make a refraining order outside the 30‑day First Notice period; however because the Director failed to file evidence proving service of the First Notice when service was disputed, the suspension of Mr. McLarty's driver's licence could not stand and the Director was ordered to direct reinstatement; the motions judge erred in ordering withdrawal of any federal licence denial application because the federal notice under s.67 was properly served.

Court Disposition

Appeal allowed in part. Sedgwick J.'s orders set aside in part; Director ordered to direct Registrar of Motor Vehicles to reinstate Mr. McLarty's driver's licence; no costs awarded.

Orders

  • Set aside the motions judge's refraining order to the extent it purported to validate a refraining order made outside the 30‑day period
  • Order Director to direct the Registrar of Motor Vehicles to reinstate Ian McLarty's driver's licence