Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
FILE: 7738/MVIA
CASE NAME: 7738 v. Registrar of Motor Vehicles
Appeal under Section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 from an Impoundment Pursuant to Section 55.1(3) of the Act.
Applicant
Applicant
-and-
Registrar of Motor Vehicles
Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: ANTOINE AOUAD, M.D. Member
APPEARANCES:
For the Applicant: MICHAEL SEELEY, Counsel
For the Respondent: RUSSELL MCKNIGHT, Agent
Heard by teleconference: December 6, 2012
REASONS FOR DECISION
A hearing was held on December 6, 2012, by teleconference to consider the Applicant’s appeal pursuant to section 50.2 of the Highway Traffic Act, R.S.O., 1990, c. H.8 (the “HTA” or the “Act”).
THE TRIBUNAL ORDERED THE REGISTRAR TO RELEASE THE MOTOR VEHICLE pursuant to section 55.1(3) of the HTA.
BACKGROUND
A motor vehicle was impounded pursuant to section 55.1 of the Act and the impoundment was appealed by the owner. The owner, motor vehicle, and date of appeal in this matter are as follows:
Owner: The Applicant
Motor Vehicle: 2013 FORD SPE (the “vehicle”)
Date of Appeal: November 13, 2012
On November 28, 2012, the Tribunal received a request from the Applicant’s solicitor to include section 50.2(3)(a) of the Highway Traffic Act as ground for appeal.
Section 50.2(3)(a) of the Highway Traffic Act specifies that:
“the motor vehicle that was impounded was stolen at the time it was detained in order to be impounded.”
Given that the request to amend the Notice of Appeal was received outside of the period prescribed for the appeal, the Tribunal, as a preliminary matter, asked if the Registrar’s Agent had any objection.
The Applicant’s solicitor confirming his wish to amend and there being no objection raised by the Registrar’s Agent, the Notice of Appeal was amended to include the ground that the vehicle had been stolen at the time of impoundment.
ISSUES
As set out in the Applicant’s request for hearing (Exhibit #1), the owner appeals on the basis that the motor vehicle was stolen at the time it was detained in order to be impounded and that the loss of the vehicle will result in exceptional hardship, all as provided in sections 50.2(3)(a) and (d) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h8/latest/rso-1990-c