Licence Appeal Tribunal
FILE: 8488/MVIA
CASE NAME: 8488 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: SONIA DE SANTIS, Agent
Heard by teleconference: December 27, 2013
REASONS FOR DECISION
A hearing was held on December 27, 2013, 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”).
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: 2001 FORD FSC (the “vehicle”)
Date of Appeal: December 9, 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 motor vehicle was stolen at the time it was detained in order to be impounded and that the loss of the vehicle will result in exceptional hardship, all as provided in sections 50.2(3)(a) and (d) of the Act.
Should the Tribunal order the Registrar to release the motor vehicle on the basis that the motor vehicle was stolen at the time the vehicle was detained in order to be impounded?
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 wrote that the vehicle was taken without her knowledge or consent. The Applicant further states that the incident has caused exceptional hardship in that she has a three year old daughter and is nine months pregnant. According to the Applicant the cost of the impoundment will be more than she can bear financially.
During the hearing, the Applicant’s reiterated the comments in the Notice of Appeal, testifying that while she was sleeping, her boyfriend, who lives with her, took the car without her permission. The Applicant explained that she was given a release form at the police station, yet was told by the impoundment facility that they could not release the vehicle because the hold was for seven days. Upon her return she was told that the impoundment was for 45 days. Meanwhile she had been spending money on cabs, which she cannot afford.
The Applicant attested that she has no money to pay for the cost of impoundment, as she is off work with a new baby, and the stress of the situation has been extremely hard on her.
In cross-examination, the witness confirmed that while she worked before the baby was born, she did not miss any work, as she took cabs to work. There is public transportation where she lives and she obtained a pass from her Public Health worker, in order to attend doctors’ appointments.
By way of clarification the Applicant confirmed that she had not hidden the keys as she believes that her boyfriend should not have to drive the car.
The Applicant testified that her parents have also assisted her, by taking care of the three year old, as well as possibly any medical appointments that arise.
The Applicant affirmed that she knew that her boyfriend did not have a licence, but she did not know that he took the car. According to the Applicant the vehicle was not stolen, because it was taken by her boyfriend, and he was on his way back when he was stopped.
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