Licence Appeal Tribunal
FILE: 8652/MVIA
CASE NAME: 8652 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.
Purolator Inc. Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: D. Gregory Flude, Vice-Chair
APPEARANCES:
For the Applicant: No-one appearing for the Applicant
For the Respondent: Sanjay Kapur, Agent
Heard in Toronto: March 19, 2014
REASONS FOR DECISION
A hearing was held on March 19, 2014 at Toronto, Ontario, 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”). No-one appeared for the Applicant, Purolator Inc.
THE TRIBUNAL RULED TO CONFIRM THE IMPOUNDMENT pursuant to section 55.1(3) of the HTA. As a result, the Applicant’s motor vehicle will remain detained at the impound facility for the balance of the 45 days.
PRELIMINARY MATTERS
The hearing was scheduled to commence at 9:30 a.m. No-one appearing for the Applicant, the Tribunal stood the matter down to 10:15 a.m. At 10:15, the Applicant had still not appeared and had not contacted the Tribunal to advise of any difficulties preventing attendance. The Tribunal reviewed the Appointment For and Notice of Hearing (Ex 3) and noted that it was initialled indicating that it had been sent via fax to the Applicant on February 28, 2014. The Tribunal also reviewed a fax cover sheet (Ex 4) showing that a fax was sent to the Applicant’s agent’s fax number on February 28. The Tribunal is satisfied that the Applicant received timely notice of the hearing date. The Tribunal proceeded with the hearing in the absence of the Applicant.
BACKGROUND
The Registrar entered a number of documents into the record under seal (Ex 5). The Tribunal accepted these documents for the truth of their contents. They indicate that a motor vehicle was impounded pursuant to section 55.1 of the Act. The documents indicate that at the time of the impoundment, February 10, 2014, the vehicle was being driven by a driver whose licence was then under suspension until July 16, 2014 for the offence of driving while impaired contrary to the Criminal Code. The owner and motor vehicle are as follows:
Owner: The Applicant
Motor Vehicle: 2011 Ford FLE (the “vehicle”)
The Tribunal finds that the vehicle was properly impounded on February 10, 2014. The Act allows for a number of grounds upon which the vehicle may be released to the Applicant prior to the end of the impoundment period. The onus is on the Applicant to establish that one of more of these grounds applies. In the absence of evidence from the Applicant in support of such grounds, the Tribunal confirms the impoundment.
DECISION
After considering the evidence, pursuant to the authority vested in the Tribunal under section 50.2(5) of the Act, the Tribunal confirms the impoundment of the Applicant’s motor vehicle, and it will remain at the impound facility for the balance of the 45 days.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
RELEASED: March 20, 2014