B.R. and B.R. v. Registrar of Motor Vehicles, 2018 CanLII 128765

Licence Appeal Tribunal

Date: 2018-09-07

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.

Between:

B.R and B.R.

Appellants

-and-

Registrar of Motor Vehicles

Respondent

ORDER

Order Made by: Jeanie Theoharis, Vice Chair

Date of Order: September 7, 2018

ORDER

1The appellants appeal the impoundment of their vehicle, which they state was driven by a cousin and not by B.R., who has a suspended licence.

2A case conference was held on August 14, 2018, and a teleconference hearing set for September 12, 2018.

3On August 30, 2018 the respondent requested that the hearing be conducted in person because an issue to be addressed relates to the identity of the driver. The respondent also requested that the hearing be adjourned because the respondent’s key witness is not available on September 12, 2018. A short delay to the following week was requested.

4The appellant was provided an opportunity to make submissions in response to the respondent’s requests. On September 6, 2018, the Tribunal received a sworn affidavit and a read receipt email.

THE TRIBUNAL ORDERS THAT:

5The respondent’s request to adjourn the hearing is granted.

6The respondent’s request to have the hearing conducted in person is granted.

7In the interest of procedural fairness and natural justice, all relevant and necessary evidence ought to be considered when deciding the issues in dispute. The respondent’s key witness, the police officer involved in this HTA matter, is not available for the initial hearing date, and has evidence that is necessary to decide the issues in dispute. Moreover, since the identity of the driver is an issue in dispute, I find it reasonable to have this hearing conducted in person to permit the respondent’s witness the opportunity to present relevant and necessary evidence at the hearing, particularly the visual identification of the driver of the vehicle at the time the vehicle was stopped.

8The hearing date on September 12, 2018 is vacated.

9An in-person hearing will take place on September 19, 2018, commencing at 1:30 p.m. The parties will receive a Notice of Hearing detailing the information for the hearing.

10Except for the provisions contained in this order all previous Orders made by the Tribunal remain in full force and effect.

11If the parties reach an agreement on the issues in dispute, the appellant shall immediately advise the Tribunal in writing. A copy of a Notice of Withdrawal is available at https://slasto-tsapno.gov.on.ca/lat-tamp/en/general-service/forms/.