Appeal under section 50.2 of the Highway Traffic Act, R.S.O 1990 c. H8, from an impoundment of a motor vehicle under section 55.1 of the Act
Between:
George Devereaux
Appellant
and
Registrar of Motor Vehicles
Respondent
CASE CONFERENCE REPORT AND ORDER
ADJUDICATOR:
Harriet Lewis Member
APPEARANCES:
For the Appellant:
George Devereaux
For the Respondent:
Stella Velocci, Representative
Held by teleconference:
May 21, 2020
OVERVIEW
1The appellant, George Devereaux, appealed the 45 day impoundment of his 2005 Ford truck. The vehicle was impounded on April 14, 2020, having been driven by Shannon Payette, a friend of one of the appellant’s roommates. At the time of impoundment Ms. Payette did not have a valid Ontario Drivers Licence.
2The grounds for the appeal are that the vehicle was stolen. His evidence is that he does not have a personal relationship with the driver of the vehicle. She was present in his home without his knowledge and as a guest of one of his roommates. The keys to the vehicle were in a drawer and their location was not previously known to the unauthorized driver. The appellant understands that Ms. Payette has been charged by the police as a result of having taken the vehicle and he has also attempted to lay a charge of theft against her with respect thereto and reported the incident to his vehicle insurer.
3The Registrar agrees that the vehicle was stolen and will be released from the impound facility without charge and as soon as possible. All arrangements for the release of the vehicle will be made by the Registrar’s office.
4The matter having been resolved the appeal is withdrawn.
LICENCE APPEAL TRIBUNAL
Harriet Lewis, Member
Released: May 25, 2020