Dr. Eleanor White

The appellant leasing company appealed the impoundment of a vehicle under the Highway Traffic Act.

The lessee had loaned the vehicle to a driver whose licence was suspended for impaired driving.

The appellant argued the vehicle was 'stolen' within the meaning of section 50.2(3)(a) of the Act because the lease agreement prohibited use by unlicensed drivers.

The Tribunal agreed, finding that from the perspective of the owner (the leasing company), the vehicle was taken without consent when the lessee permitted the suspended driver to use it.

The Tribunal ordered the Registrar to release the vehicle to the appellant.