Charlton v. Ontario (Family Responsibility Office)
The appeal was dismissed as moot because the appellant's driver's licence had been reinstated, eliminating a live controversy; any future attempt by the FRO to suspend the licence would require service of a new notice.
Source-derived case information.
- Citation
- 2012 ONCA 316
- Parties
- Applicant (appellant): Bradley James Charlton; Respondent: The Director, Family Responsibility Office for the benefit of Joanne Charlton
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 May 2012
- Procedural Posture
- Civil / Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed.
- Legal Topics
- Driver's Licence Suspension, Family Responsibility Office Enforcement, Mootness, Reinstatement of Licence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bradley James Charlton
Applicant (appellant)
The Director, Family Responsibility Office for the benefit of Joanne Charlton
Respondent
Procedural Posture
Civil / Appeal From Superior Court of Justice
Legal Issues
- 1 Whether the Family Responsibility Office must be restrained from directing the Ministry of Transportation to suspend the appellant's driver's licence
- 2 Whether the appeal is moot following reinstatement of the appellant's licence and whether relief should be denied on that basis
- 3 Whether a new notice is required for any future suspension
Ratio Decidendi
The appeal was dismissed as moot because the appellant's driver's licence had been reinstated, eliminating a live controversy; any future attempt by the FRO to suspend the licence would require service of a new notice.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- No costs to either party here or in the courts below.
Full Case Text
Judgment text and source record
1 paragraphs
Charlton v. Ontario (Family Responsibility Office) Collection Decisions of the Court of Appeal Date 2012-05-15 Neutral citation 2012 ONCA 316 Docket numbers C54967 Judges Goudge, Stephen Thomas; MacPherson, James C.; Gillese, Eileen E. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Charlton v. Ontario (Family Responsibility Office), 2012 ONCA 316 DATE: 20120511 DOCKET: C54967 Goudge, MacPherson and Gillese JJ.A. BETWEEN Bradley James Charlton Applicant (Appellant) and The Director, Family Responsibility Office for the benefit of Joanne Charlton Respondent Bradley Charlton, appearing in person Heather Puchala, for the respondent Heard: May 7, 2012 On appeal from the judgment of Justice Johanne N. Morissette of the Superior Court of Justice, dated March 14, 2011. APPEAL BOOK ENDORSEMENT [1] The appellant appeals the judgment of Morissette J. of the Superior Court of Justice dismissing his motion for an order requiring the Family Responsibility Office (FRO) to refrain from directing the Ministry of Transportation of Ontario to suspend his driver’s licence. [2] The respondent contends that the appeal should be dismissed as moot. On November 29, 2011, Hackland J. made an order reinstating the appellant’s driver’s licence. If the FRO seeks a suspension in the future, it will have to serve a new notice. [3] Accordingly, the appeal is dismissed. No costs to either party here or in the courts below.