Vehicle impoundment appealed successfully; vehicle deemed stolen as it was taken without owner's consent.
The appellant appealed the impoundment of her motor vehicle under the Highway Traffic Act.
The vehicle was impounded after the appellant's common-law partner, whose licence was suspended, drove it.
The appellant argued that the vehicle was taken without her consent while she was asleep, after she had explicitly refused him permission to drive it.
The Tribunal found the appellant's testimony credible and concluded that the vehicle was 'stolen' within the meaning of section 50.2(3)(a) of the Act at the time of the impoundment.
The Tribunal ordered the Registrar to release the motor vehicle.
OLATOntario Licence Appeal TribunalAug 19, 2014