Appeal under section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8, from an impoundment of a motor vehicle under section 55.1 of the Act for driving while suspended
Between:
T.C
Appellant
And
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
Adjudicator: Sandeep Johal, Member
Appearances:
For the Appellant: Deb Howitt, Paralegal
For the Respondent: Sanjay Kapur, Agent
Place and Date of Hearing: Teleconference
January 24, 2018
REASONS FOR DECISION AND ORDER:
A. Overview
1The appellant is the owner of a 2002 Chevy, whose roommate borrowed their vehicle. The roommate’s licence, at the time the vehicle was impounded, was suspended. The driver was charged under the Highway Traffic Act (“HTA”) with driving while under suspension and the appellant’s vehicle was impounded for 45 days.
2The appellant did not file their appeal with the Tribunal within the legislated timeline and brought a motion seeking an order from the Tribunal granting an extension of time to file their appeal. The motion to extend the time to appeal is hereby granted, and the hearing on the merits of the appeal was also heard.
3The appellant appealed the impoundment to this Tribunal on the basis that the impoundment will result in exceptional hardship and that the vehicle was stolen. The appellant points out that the loss of their vehicle will result in financial hardship as the vehicle is used for the appellant’s business. The appellant asks that the Tribunal order the Registrar to release his vehicle.
B. ISSUES:
4The issues to be addressed in this appeal are as follows:
i. Has the appellant established reasonable grounds to support an extension of time to file his appeal? If so, then:
ii. Was the vehicle stolen?
iii. Will the impoundment of the vehicle result in exceptional hardship?
C. RESULT:
5The appellant’s motion to request an extension of time to file his appeal is granted; however, I find that the appellant’s vehicle was not stolen and the appellant has not proven the impoundment will result in exceptional hardship under s. 50.2(3)(d) of the HTA and s. 10 of the Regulation.
D. Motion to extend the time to appeal:
6The justice of the case favours the granting of the appeal and the appellant’s motion to request an extension of time to file their appeal is granted.
7The appellant’s vehicle was impounded on December 8, 2017, the appeal period expired on December 23, 2017 and the appellant filed the appeal on January 2, 2018 by the applicant’s paralegal.
8The Tribunal has jurisdiction to extend the time for filing of an appeal pursuant to section 7 of the Licence Appeal Tribunal Act 1999, S.O. 1999, c. 12, Sched. G if the Tribunal is satisfied that there are reasonable grounds for applying for the extension.1
9In Manuel v. Registrar, Motor Vehicle Dealers Act, 2002, 2012 ONSC 1492, the Divisional Court ruled that the overriding consideration on a request for an extension of time is whether the justice of the case requires that the extension be granted. The factors to be considered in making this determination are:
a. The existence of a bona fide intention to appeal within the appeal period;
b.