Licence Appeal Tribunal
FILE: 8589/MVIA
CASE NAME: 8589 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: Sanjay Kapur, Agent
Heard in Toronto: February 18, 2014
REASONS FOR DECISION
A hearing was held on February 18, 2014, in person, to consider the Applicant’s appeal pursuant to section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (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: 2002 SUZI GVT (the “vehicle”)
Date of Appeal: January 28, 2014
By way of preliminary matters, the Applicant sought to enter as an exhibit a total of eleven pages of bank and credit card statements. As the Registrar’s Agent raised no objection, the submissions were entered as Exhibit #5.
All documents were entered into evidence as exhibits with the consent of both parties.
A ten-minute recess was granted in order to allow the Registrar’s Agent to provide the Applicant with copies of the law missing from the Registrar’s submissions.
ISSUES
As set out in the Applicant’s Notice of Appeal (Exhibit #2), 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
The Applicant’s written submission filed with the Tribunal in support of the appeal was entered as Exhibit #2. The Applicant states that the incident has caused exceptional hardship in that the vehicle is the sole means of transportation for the whole family.
The vehicle is needed to go grocery shopping, church, doctor’s appointments as well as work. The Applicant notes that the cost of the impoundment will cause financial hardship to an already stressed financial situation.
Attached to the Notice of Appeal, the Applicant adds a handwritten letter detailing the reasons for his wife’s depression and the family’s dire financial state.
During the hearing, the Applicant read into the record the statements contained in the Notice of Appeal and the handwritten statement attached to the Notice of Appeal.
The Applicant, who was the suspended driver, explained his reason for driving the vehicle and expressed his remorse. He attested that he is having serious financial difficulties and is unable to refinance his house.
In cross-examination, the Applicant confirmed that his eldest daughter is the primary user of the impounded vehicle to get to the GO station and to work. She often also takes her sister to school and drives both him and his wife where needed. The Applicant’s second daughter is also able to get to school by taking a bus.
According to the Applicant, the loss of the vehicle is extremely inconvenient because he has to ask for a ride to get home from work, or take a cab which is quite expensive. The Applicant testified that although there is a bus it takes over an hour and a half for a ten minute car drive. He also confirmed that neither of his daughters has missed school due to the loss of the vehicle, as the Applicant’s brother has lent his vehicle to the Applicant’s daughter so that the family may continue with their daily routine.
The Applicant attested that he missed some doctor’s appointments because he is unable to get there on time. Nonetheless, the Applicant admitted that he has not attended at his doctor’s office since he lost his licence.
The Applicant explained that his wife had been in a depressed state for about 7 years, and that the loss of the car had added to an already stressed financial situation.
The Applicant stated that he is aware that there are 911 services available in his area, but has no idea how effective the services are.
Evidence for the Registrar
A summary of the Registrar’s evidence follows.
The documents tendered by