Sean Silverthorne v. Registrar of Motor Vehicles, 2020 CanLII 27361

DECISION AND ORDER

Date: 2020-03-12

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:

Sean Silverthorne Appellant

and

Registrar of Motor Vehicles Respondent

Adjudicator: Avvy Go, Member

Appearances:

For the Appellant: Sean Silverthorne, self-represented

For the Respondent: Sanjay Kapur, Agent

Place and date of hearing:

By teleconference March 9, 2020

REASONS FOR DECISION AND ORDER

Overview

1The Appellant’s vehicle was impounded on January 31, 2020. The Appellant signed a Notice of Appeal on February 14, 2020 pursuant to section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”). The Appellant tried to fax the Notice of Appeal to the Tribunal between February 14 and 15, 2020 to no avail. The Notice of Appeal was finally received by the Tribunal on February 18, 2020. The Appellant was advised by the Tribunal that the Notice of Appeal was filed after the 15 day legislated timeline. The Appellant then brought a motion for an order from the Tribunal granting him an extension of time to file the appeal. The respondent was opposed to the motion. A motion hearing was held on March 9, 2020, by teleconference, to consider the Appellant’s motion.

2For the reasons set out below, I find the Appellant filed the Notice of Appeal within the legislated timeline, and that no order is needed to extend time to file the appeal.

ISSUES:

3The issue before me is whether the Appellant filed the Notice of Appeal within the legislated timeline.

ANALYSIS

4Under O. Reg.631/98, an appeal under s.50.2 of the HTA shall be filed within 15 days after the day the vehicle was impounded.

5According to the notice of impoundment, which was filed along with the Notice of Appeal, the Appellant’s vehicle was impounded on January 31, 2020. Applying the 15 day filing timeline, the Appellant had until February 15, 2020 to file the Notice of Appeal. February 15, 2020 happened to fall on a Saturday.

6According to Rule 2.7 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version 1 (October 2, 2017) (“the Tribunal Rules”), “holiday” means “any Saturday, Sunday, statutory holiday, or other day on which the Tribunal’s offices are closed for business”.

7Rules 5.1 and 5.2 of the Tribunal Rules further provide:

5.1 COUNTING DAYS

Where an action is to be done within a specified number of days, the days are counted by excluding the first day and including the last day.

5.2 EXPIRY OF TIME ON A HOLIDAY

Where the time for doing an act ends on a holiday, the act may be done on the next day that is not a holiday.

8Since the following Monday after February 15, 2020 was Family Day, the Tribunal was not open for business, so the next day after February 15, 2020 that was not a holiday was February 18, 2020, the day the Appellant filed the Notice of Appeal.

9At the hearing I advised the parties my understanding of the date of the impoundment and my calculation of the timeline for the filing. The Respondent conceded that the Appellant did file the Notice of Appeal within the legislated timeline. Given that is the case, I do not have to consider the motion filed by the Appellant.

10As to why this motion was brought in the first place, I note that in the Notice of Appeal, the Appellant erroneously stated the date of impoundment to be January 30, 2020, which would have made February 14, 2020 the last day of the 15 day timeline.

11The typographical error made by the Appellant might have led the Tribunal to believe that the Appellant had filed the Notice of Appeal outside of the legislated timeline.

Other Case Management Issues

12In order to move the matter forward, the parties agreed at the motion hearing to set down a date for case conference and another date for the hearing for this matter.

ORDER:

13I find the Appellant filed the Notice of Appeal within the legislated timeline. No order is needed to extend time for the filing of the appeal.

14A case conference is scheduled for March 17, 2020 at 1:30 pm by teleconference and a hearing is scheduled March 25, 2020 at 1:30 pm by teleconference. The Tribunal shall issue formal notices confirming the details.

15The parties will submit additional documents and submissions to the Tribunal and to each other by March 20, 2020 the latest.