Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-07-30
FILE:
8183/MVIA
CASE NAME:
8183 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:
Self-represented
For the Respondent:
JAY SHANMORGAN, Agent
Heard in Toronto:
July 23, 2013
REASONS FOR DECISION
A hearing was held on July 23, 2013, 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”).
Pursuant to section 50.2 (5,) the Tribunal CONFIRMS THE IMPOUNDMENT. As a result, the Applicant’s motor vehicle will remain detained at the impound facility for 45 days.
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 CHEV BLS (the “vehicle”)
Date of Appeal: July 2, 2013
All documents were entered into evidence as exhibits with the consent of both parties.
ISSUES
As set out in the Applicant’s request for hearing (Exhibit #1), the owner appeals on the basis that the loss of the vehicle will result in exceptional hardship, as provided in section 50.2(3)(d) of the Act.
Should the Tribunal order the Registrar to release the motor vehicle on the basis that the impoundment will result in exceptional hardship?
FACTS
Evidence for the Applicant
A summary of the Applicant’s evidence follows.
The Applicant’s written submission filed with the Tribunal in support of the appeal was entered as Exhibit #1. In the Notice of Appeal, the Applicant pleads for the return of the vehicle on the ground that the Applicant not only works a distance from home, she also has family out town that need her assistance.
The Applicant stated that she gave the driver possession of her vehicle un-aware of the fact that his licence was suspended,
At the hearing the Applicant reiterated her comments in the Notice of Appeal, emphasizing that she has never been suspended and she is not a threat to society.
In cross-examination, the Applicant testified that the other vehicle listed under her name has been sold a long time ago.
With respect to renting a vehicle, the Applicant asserted that the cost is prohibitive. She confirmed that she has been getting to work by public transit and with the assistance of co-workers. The Applicant affirmed that she has not missed time off work.
There are no health and safety issues as the Applicant is healthy and has 911 services in her area.
Evidence for the Registrar
A summary of the Registrar’s evidence follows.
The documents tendered by the Registrar and admitted into the record on consent of the Applicant were as follows:
Copy of the Ministry of Transportation records indicating that, among other things, the impounded motor vehicle is registered in the name of the Applicant as owner;
A copy of the notice prepared by the officer who detained the impounded motor vehicle indicating, among other things, that the vehicle at the time it was detained was being driven by the person convicted of the offence under the Criminal Code of Canada outlined in point 4 below;
Copy of the Notice forwarded to the Registrar of Motor Vehicles regarding the impoundment;
Copy of the Ministry of Transportation records indicating that the driver at the time of impoundment had been convicted of Driving While Disqualified under the Criminal Code of Canada pursuant to which the driver’s licence of the driver was then under suspension until March 22, 2014.
The Registrar did not call any witnesses.
LAW
Section 55.1 of the [Act](https://www.canlii.org/en