TLT renews cab driver’s license despite numerous HTA convictions
by John Q. Duffy
A Vehicle-For-Hire Driver’s License was renewed for Ahmad Nasir Ahmadshahi after a Joint Proposal was accepted by the Toronto Licensing Tribunal panel of Daphne Simon (chair), Moira Calderwood and Melana Laverty sitting on Thursday, December 13, 2018.
However it will be on probation for three years and the driver must undergo a one-day suspension.
He must also provide Municipal Licensing and Standards with an updated copy of his criminal record on each of the next three renewals.
Other conditions apply, that he pay all required fees and supply all required documentation, and if the City has further concerns about his conduct this matter and any new issues may be brought back to the tribunal for a hearing.
MLS has the ability to monitor his driving and Municipal Code violation record without his having to provide these records himself.
The driver has a 2015 conviction for Assault with a Weapon, arising from a 2013 incident that was not discussed at this hearing— information obtained by MLS staff via a Freedom of Information request.
The panel learned Ahmadshahi had a total of 14 charges and six convictions under the Highway Traffic Act between 2012 and 2018, all while driving taxi.
Plus he has a number of charges and convictions under the Municipal Code.
His representative, legal agent Patricia Reilly, told the panel Ahmadshahi “has truly learned from the experience.”
She said, “He is not a recidivist.”
She said he now understands driving taxi is a privilege, not a right, and has taken steps to improve himself.
He has been driving cab for 10 years and needs this job to support himself and his family. He has no other line of work to fall back on.
The license was renewed.
In another case, the Body Rub Parlour Owner/Operator Licence of 1133520 Ontario Inc., o/a Pure Pleasure Spa, Malgorzata Koska, President, was renewed on conditions.
On renewal, the license will be suspended for 10 days, starting Dec, 24, 2018. The license will be on probation for three years.
All outstanding fees and fines must be paid before the renewal occurs and Koska must provide an updated copy of her criminal record at each of the next three renewals. If MLS has any new concerns, this business may be brought back before the TLT.
The business has a long history of operating after legal hours, employing unlicensed staff, failure to keep required records and other Bylaw charges.
City lawyer Graham Thompson told the panel, “The proposed resolution takes into account this record.”
Koska also had a charge of having possession of an unlicensed, loaded, firearm, but it was withdrawn for unspecified reasons.
Koska’s agent, Noel Gerry, said the withdrawn charge should not be part of the record and Thomson said the City was “not arguing that it was a concern.”
(There is a possibility that Koska was framed and so the charge was withdrawn. She told the panel she was framed.)
Despite Gerry’s protests that this should not be part of the record, Thompson noted the charge and the result was contained in the City report anyway and that report is part of the record.
The Joint proposal was then approved by the panel.
An interim suspension of Shamim Chowdhury’s Vehicle-For-Hire Driver’s License was extended as he requested more time to obtain legal help.
The panel heard about various dealings the driver has had with different legal professionals over the past year.
This case has been before the tribunal a couple of times over the past few months and the license was suspended until a full hearing can be held.
The next date for a hearing was set for January 24, 2019.
Finally, Muhammad Adnan Anwar’s Application for a Vehicle-For-Hire Driver’s License was granted with conditions after approval of a Joint Proposal.
The license will be on probation for two years, and he must provide an updated criminal record check at each of the next two renewals. Other usual conditions about fees, documents and other concerns are also in place.
Due to an Assault charge arising from a domestic situation, a previous license he held and let lapse was denied by a TLT panel in the past.
At this hearing Anwar’s driving record was discussed and he also presented a letter from his wife indicating they were going to reconcile.
Due to privacy concerns this letter was not entered into evidence.
Anwar has held other part time driving jobs but needs to drive cab to support his family.
The panel agreed to allow the license to be issued.