Abetew v. The Taxicab Board, 2012 MBCA 80

Citation: Abetew v. The Taxicab Board, 2012 MBCA 80 Date: 20120816 Docket: AI 12-30-07819 IN THE COURT OF APPEAL OF MANITOBA BETWEEN : EZEKIEL ABETEW ) O. Omonuwa ) for the Applicant Applicant ) ) B. T. Jones - and - ) for the Respondent ) THE TAXICAB BOARD ) Chambers motion heard and ) Decision pronounced: Respondent ) August 16, 2012 MICHEL 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 a complaint that he exhibited inappropriate sexual behaviour towards a female passenger.

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:

a) that the Board breached rules of procedural fairness in failing to provide reasons for its decision; and

b) that the Board erred in law in ignoring and failing to consider cogent and relevant evidence that directly explicitly contradicts its findings. 5 The issue before me is similar to that with which I dealt with in Gidda v. The Taxicab Board, 2011 MBCA 64 .

As in that case, 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. 6 Based on the acknowledgment by the Board’s counsel, and as I did in Gidda , 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? 7 I am not at this time prepared to grant leave based on the applicant’s allegation of an error in law based on the Board’s failure to consider the evidence because I consider that allegation to be premature in view of my granting leave on the issue that I did.

J.A.