Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2012-12-13
FILE:
7740/MVIA
CASE NAME:
7740 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
ORDER
ADJUDICATOR:
ANTOINE AOUAD, M.D. Member
APPEARANCES:
For the Applicant:
Self-represented
For the Respondent:
SONIA DE SANTIS, Agent
Heard by teleconference:
December 5, 2012
REASONS FOR DECISION
A hearing was held on December 5, 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”).
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: 2007 MAZD MCX (the “vehicle”)
Date of Appeal: November 13, 2012
This matter came before this Tribunal on December 5, 2012.
At the outset of the hearing, the Tribunal pointed out to the Registrar’s Agent, that the suspension under the Criminal Code of Canada has expired on October 22, 2010. A five-minute recess was granted in order for the Registrar Agent’s to review the file.
The Registrar’s Agent informed the Tribunal that the vehicle had been improperly impounded and a request to release it will be made.
DECISION
In light of the Registrar’s submission acknowledging the improper impoundment of the vehicle and therefore the Registrar’s stated intention to release the vehicle to the Applicant, an order from the Tribunal is not required. Accordingly, this matter is concluded.
LICENCE APPEAL TRIBUNAL
Antoine Aouad, M.D., Presiding Member
RELEASED: December 13, 2012