Licence Appeal Tribunal
An Appeal under subsection 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8, from an Impoundment of a Motor Vehicle pursuant to Section 55.1(3) of the Act
Between:
Jessica Havens
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
Adjudicator: Raymond C. Ramdayal, Member
Appearances:
For the Appellant: Jessica Havens, (self-represented)
For the Respondent: Stella Vellocci, Agent
Heard by Teleconference: July 28, 2020
REASONS FOR DECISION AND ORDER
OVERVIEW
1A teleconference hearing was held on July 28, 2020 to consider the appellant’s appeal of the 45-day impoundment of her 2016 Honda CRV (the “vehicle”). The vehicle was impounded on July 8, 2020.
2The appellant was not driving the vehicle at the time. She loaned the vehicle to her ex-boyfriend who was subsequently stopped by the police and found to not have a valid driver’s licence. His licence was under suspension for failing to complete an alcohol remedial program in 2010.
3Subsection 55.1(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act” or the “HTA”) allows for the impoundment of a vehicle for 45 days where a police officer is satisfied that the driver’s licence of the person, who is driving a vehicle, is under suspension. The vehicle was impounded pursuant to this subsection of the Act.
4The appellant is appealing the impoundment on the grounds of exceptional hardship.
ISSUES
5The issue to be determined is:
i. Did the impoundment result in exceptional hardship?
RESULT
6During the hearing, the respondent agreed to release the appellant’s vehicle on the basis of testimony which she provided in relation to her medical condition and the need to attend regular doctor’s and physiotherapy appointments.
7As such, the appellant confirmed that she no longer wants to proceed with the hearing.
8This matter has been settled and the file will be closed.
LICENCE APPEAL TRIBUNAL
Raymond C. Ramdayal,
Member
Released: September 1, 2020