Gidda v. The Taxicab Board, 2011 MBCA 64
Opinion
Citation: Gidda v. The Taxicab Board, 2011 MBCA 64 Date: 20110714 Docket: AI 11-30-07589 IN THE COURT OF APPEAL OF MANITOBA BETWEEN : AJAIB GIDDA ) E. G. Rice ) for the Applicant (Applicant) Applicant ) ) B. T. Jones - and - ) for the Respondent ) THE TAXICAB BOARD ) Chambers motion heard and ) Decision pronounced: (Respondent) Respondent ) July 14, 2011 M. A. MONNIN J.A. 1 The applicant seeks leave to appeal from a decision of the Taxicab Board (the Board). 2 The applicant was facing complaints that he had sexually assaulted female passengers on two different occasions.
Following a hearing, the Board ruled that the applicant’s taxicab driver’s licence be cancelled. 3 Pursuant to s. 19.2(1) of The Taxicab Act , C.C.S.M., c.
T10, an appeal to this court can only be brought with leave and on a question of law or jurisdiction. 4 The applicant sought leave on the following alleged errors in law: 1) that the Board received and relied on hearsay evidence and gave that evidence undue weight; 2) that the Board was biased against the applicant because a member of the Board was a police officer and the Board received evidence from a police officer; and 3) that the Board failed to provide sufficient reasons for its decision. 5 In fact, the Board simply provided an order cancelling the applicant’s licence without any reasons whatsoever. 6 Counsel for the Board, in his motion brief and before the court, acknowledged without conceding the validity of the applicant’s argument, that the issue of whether there is a requirement for the Board to provide reasons or whether the reasons provided were sufficient, raises a question of law. 7 Based on the acknowledgement by the Board’s counsel, I grant leave to appeal on the following question of law: Is the Board’s failure to provide reasons for its order an error in law, and if so, what are the consequences of that order?
J.A.
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