Licence Appeal Tribunal
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(1) of the Act.
Between:
S.R. Appellant
and
Registrar of Motor Vehicles Respondent
DECISION AND ORDER
Adjudicator: Marisa Victor, Member
APPEARANCES:
For the Appellant: S.R., Self-represented For the Respondent: Sanjay Kapur, agent
Heard by Teleconference on: March 22, 2019
DECISION AND ORDER
Overview
1S.R. appeals the 45-day impoundment of his truck, equipped with a snow plow, that is used to clear the parking spaces in front of his hotel near Sault Ste. Marie. The vehicle was impounded after being driven by one of the hotel’s employees, who had a suspended licence.
2The appellant appeals on the grounds that the impoundment has caused the business to suffer a loss of revenue.
3The appellant missed the case conference scheduled in this matter and a Notice of Intent to Dismiss was issued. The appellant then contacted the Tribunal and advised that he inadvertently missed the case conference and wanted the appeal to continue. No case conference was held. The hearing proceeded on the date set when the appeal was filed.
4At the start of the hearing, I explained to the appellant the difference between a case conference and a hearing. I explained the appellant could choose to convert the hearing to a case conference and have the hearing postponed to a later date to allow the parties time to prepare. The appellant confirmed that he wished the hearing to proceed today.
5The appellant then stated that he wanted his truck released today. I explained to the appellant that after the hearing a decision would be made as soon as possible and that he would receive a decision within two to four weeks.
6At this point the appellant became upset, expressed that he was withdrawing his appeal and hung up, effectively ending the hearing.
7I accept the appellant’s withdrawal.
Conclusion
8The appeal is withdrawn and the file is closed.
LICENCE APPEAL TRIBUNAL
Marisa Victor, Member
Released: March 28, 2019