Licence Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 7799/MVIA
CASE NAME: 7799 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.
Secure Companies Inc. Applicant
-and-
Registrar of Motor Vehicles Respondent
ORDER AND NOTICE OF INTENT TO DISMISS
ADJUDICATOR: Mary Ann Spencer, Member
APPEARANCES:
For the Applicants: No appearances
For the Respondent: Russell McKnight, Agent
Heard by teleconference: January 2, 2013
ORDER AND NOTICE OF INTENT TO DISMISS
The parties to this matter are the Applicant and the Registrar of Motor Vehicles (the "Registrar"). The Applicant has appealed the impoundment of its motor vehicle pursuant to section 50.2 of the Highway Traffic Act, R.S.O., 1990, c. H.8 (the "HTA" or the "Act").
A hearing in this matter was scheduled to take place by teleconference on January 2, 2013, commencing at 9:30 a.m. At the time scheduled for the commencement of the hearing, no representative of the Applicant joined the teleconference. The hearing was delayed for thirty minutes and Tribunal staff unsuccessfully attempted to reach the Applicant's representative. The hearing recommenced at 10:00 a.m. and after hearing the submissions of the Registrar's representative, the Tribunal member indicated her decision to issue a Notice of Intent to Dismiss the appeal and the hearing was adjourned.
The records of the Tribunal indicate that Dennis Mulvenna, the Applicant's representative on record, was served with the Notice of Hearing by being sent a copy by regular mail to the latest address for service appearing on the Tribunal's records. Further, there is no indication that the representative of the Applicant attempted to contact the Tribunal to advise of his unavailability for the scheduled hearing date.
Rule 2.10(1)(d) of the Tribunal's Rules of Practice provides that the Tribunal may dismiss an appeal when it is abandoned. Rule 2.12 provides that when a party fails to attend before the Tribunal, the Tribunal may also treat the party's hearing as abandoned and may dismiss the matter.
The Tribunal therefore finds that this appeal should be treated as abandoned and intends to dismiss the appeal unless sufficient reason is provided by the Applicant as to why the appeal should not be dismissed.
The Tribunal orders that:
Pursuant to the Statutory Powers Procedure Act, R.S.O. 1990, c. S 22, and the Tribunal's Rules of Practice, the Tribunal hereby gives notice to the Applicant it intends to dismiss this proceeding unless, within the time frame specified below, the Applicant provides sufficient reason why the proceeding should not be dismissed.
The Applicant may, within ten (10) days of the release date of this Order, provide written submissions to the Tribunal as to why the appeal should not be dismissed, including an explanation of the Applicant's failure to have an authorized agent attend on its behalf at the scheduled hearing.
If the Applicant fails to provide sufficient reasons why the appeal should be continued, the Tribunal shall issue a final Order dismissing the appeal.
LICENCE APPEAL TRIBUNAL
Mary Ann Spencer, Presiding Member
RELEASED: January 04, 2013