Licence Appeal Tribunal
FILE: 9769/MVIA
CASE NAME: 9769 v. Registrar of Motor Vehicles
Motion for an Order to Extend the Time to File an 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
Appellant
-and-
Registrar of Motor Vehicles
Respondent
DECISION ON MOTION
ADJUDICATOR: David B. Caryll, Member
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Steve Grootenboer, Agent
Heard by teleconference: September 24, 2015
REASONS FOR DECISION ON MOTION
A teleconference hearing was held before this Tribunal on September 24, 2015, in the presence of the Appellant and Steve Grootenboer, Agent, for the Respondent to consider the appeal of the Appellant pursuant to section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
As a preliminary matter, the Appellant brings a motion to be permitted to file her appeal outside the 15 day appeal period set out in the Act. Since a motion for late filing involves a preliminary review of the merits of the case, rather than bifurcate the process, the Tribunal heard the motion and the appeal on the merits concurrently.
The Tribunal dismisses the motion for late filing. As a result, the Appellant’s motor vehicle will remain detained at the impound facility until the conclusion of the 180 day impoundment period.
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 Appellant
Motor Vehicle: 2008 PONT, VIB (the “vehicle”)
Date of Appeal: August 24, 2015
PRELIMINARY ISSUES
The vehicle was impounded on June 3, 2015. The time for filing an appeal to this Tribunal expired on June 18, 2015. The Appellant filed its appeal on August 24, 2015. The Appellant brings a motion to extend the time for filing her appeal pursuant to the provisions of section 7 of the Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sched. G, which states:
- Despite any limitation of time fixed by or under any Act for the giving of any notice requiring a hearing by the Tribunal or an appeal from a decision or order of the Tribunal under section 11 or any other Act, if the Tribunal is satisfied that there are reasonable grounds for applying for the extension and for granting relief, it may,
(a) extend the time for giving the notice either before or after the expiration of the limitation of time so limited; and
(b) give the directions that it considers proper as a result of extending the time.
On Wednesday, June 3, 2015, at approximately 4:00 p.m., the vehicle was stopped by the police. The driver of the vehicle was the Appellant’s boyfriend. The police found that the driver’s licence was under