Licence Appeal Tribunal
Tribunal File Number: 11749/MVIA
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 s. 55.1 of the Act.
Between:
D.C. Appellant (Moving Party)
and
Registrar of Motor Vehicles Respondent (Responding Party)
ORDER ON MOTION
Adjudicator: Zahra Dhanani
Appearances
For the Appellant: Self-represented
For the Respondent: Sanjay Kapur
Motion heard by Teleconference on: January 4, 2019
REASONS FOR DECISION ON MOTION AND ORDER
OVERVIEW
1The appellant’s vehicle was impounded on November 3, 2018 because it was being operated by a driver whose driver’s licence was under suspension as a result of a Criminal Code conviction.
2The appellant filed her Notice of Appeal with the Tribunal 20 days later than the legislated 15 days from the date her car was impounded.
3The appellant brought a motion to extend the time to file an appeal of the motor vehicle impoundment.
4A week prior to the hearing on motion the appellant had sent an email to the Tribunal informing the case manager that she had retrieved her car already.
5The appellant had intended that communication to be a withdrawal of the motion and appeal. This intention was not communicated to the case manager at the Tribunal. So the hearing on motion was not cancelled.
6On the morning of the hearing the appellant did not attend the hearing on motion until she was phoned by the Registrar’s representative. She was under the impression that the case had been closed that is why she did not attend at the commencement of the hearing.
7The appellant then informed us that she wished to withdraw her appeal request as she had already retrieved her car. She had thought that when she sent the email about retrieving her car, that would be a signal to dismiss this matter.
8The appellant was informed that technically there was never an appeal before the Tribunal because she had to address the motion first. Therefore the appellant indicated that she is no longer seeking to file an appeal and withdraws her motion.
ORDER
9Accordingly, the proceedings before the Tribunal are concluded and the Tribunal file closed.
LICENCE APPEAL TRIBUNAL
Zahra Dhanani, Member
Released: February 1, 2019