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:
Victoria Stencill-Hahn
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION & ORDER
ADJUDICATOR: Jennifer Friedland, Member
APPEARANCES:
For the Appellant: Self Represented
For the Respondent: Sonia De Santis, Agent
Held by Teleconference: June 2, 2020
REASONS FOR DECISION
1The appellant’s motor vehicle was impounded on April 14, 2020 for 90 days under s. 55.1 of the Highway Traffic Act. This provision allows a police officer to detain and then impound a motor vehicle in certain circumstances, including if the person driving the vehicle at the time has a suspended driver’s licence for a criminal code-related reason.
2In this case, the vehicle was being driven by the appellant’s common-law spouse whose driver’s licence was initially suspended in 1988 for refusing to provide a breath sample. His licence was subsequently suspended for life following multiple convictions over the intervening years for driving while disqualified.
3The impoundment was for 90 days because this was the second impoundment of a vehicle owned by the appellant within a prescribed period of two years.1
4The appellant appealed on the grounds of exceptional hardship. However, this ground of appeal is not available to an owner who has previously had a vehicle impounded under s. 55.1 of the HTA.
5Section 50.2 (3) of the HTA sets out the only available grounds upon which an owner can appeal a vehicle impoundment of the type in this case. With respect to the ground of exceptional hardship at 50.2(3) (d), this right of appeal is qualified by the following subsection, 50.2 (4), which states that “clause (3) (d) does not apply if there was a previous impoundment under section 55.1 with respect to any motor vehicle then owned by the same owner.”
6The appellant admitted to the previous impoundment and acknowledged during the hearing that she would not be able to satisfy any of the other available grounds of appeal.
7Given the above, the appellant has no ground of appeal available to her. The impoundment is therefore confirmed.
ORDER
8Pursuant to s. 50.2 (5) of the Act, the impoundment is confirmed.
Licence Appeal Tribunal
______________________
Jennifer Friedland,
Member
Released: June 17, 2020
Footnotes
- HTA, s. 55.1 (3), and Ontario Regulation 631/98 s. 1