Administrative law – Decisions of administrative tribunals – Motor Transport Board – Judicial review – Procedural requirements and fairness – Evidence
Prairie Coach Charter Services Ltd. v. Manitoba (Motor Transport Board),  M.J. No. 342, 2012 MBCA 95, Manitoba Court of Appeal, October 12, 2012, F.M. Steel, M.M. Monnin and A.D. MacInnes JJ.A.
The appellant, Prairie Coach Charter Services Ltd., appealed a decision of the Motor Transport Board refusing to accept for processing an application for an amendment to the appellant’s operating authority. The appellant had sought to remove certain restrictions from its operating authority, but had had its applications rejected by the Board on three separate occasions.
The appellant appealed the Board’s decision to refuse to reconsider its decision on the basis that it failed to follow the procedures with respect to processing applications and had therefore breached its obligation of procedural fairness.
The Court of Appeal allowed the appeal. The Court held that the Board failed to perform its function on the third application, namely to accept the appellant’s application for filing and review the material filed to assess whether it met the threshold that, in the absence of evidence to the contrary, required that the application be granted. The fact that the Board returned the application to the appellant with the filing fee suggested that it did not accept the documents for filing under s. 5(1) of the Highway Traffic Act, C.C.S.M., c. H60 and therefore did not meet its statutory obligations under ss. 7 and 8 to properly assess the evidence contained in the material filed.
The appellant was therefore allowed to resubmit its application along with the appropriate filing fee, and the Board was ordered to process the application in accordance with its Rules of Procedure.
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