Syed Husain v. Registrar of Motor Vehicles, 2021 CanLII 33605

Date: 2020-03-23

An appeal under subsection 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8, from the impoundment of a motor vehicle pursuant to Section 55.1 of the Act.

Between:

Syed Husain

Appellant

-and-

Registrar of Motor Vehicles

Respondent

RECONSIDERATION ORDER

ADJUDICATOR:

D. Stephen Jovanovic

APPEARANCES:

For the Appellant:

Syed Husain

Heard by written submissions

1The appellant, Syed Husain appealed the impoundment of his motor vehicle to the Tribunal under section 55.1 of the Highway Traffic Act (the Act).

2The appellant's motor vehicle was impounded on September 12, 2020 so under the Act he had until September 27, 2020 to file a Notice of Appeal. He did not do so until November 25, 2020. His vehicle was released on December 11, 2020.

3The appellant brought a motion to the Tribunal requesting an extension of time to file his Notice of Appeal, which motion was heard on January 12, 2021. In a decision dated January 14, 2021, the motion requesting the extension of time was dismissed. The appellant then filed a request for reconsideration of that decision on February 4, 2021.

4Requests for reconsideration of a final decision are governed by Tribunal rule 18.2 which sets out four criteria to be considered by the Tribunal, only one of which must be met for a party to be successful. The rule also provides that any submissions in support of the request must be delivered with the request.

5The appellant submitted that the basis for his request was the first criteria, that the Tribunal acted outside of its jurisdiction or violated the rules of procedural fairness. The material he enclosed with his request was an exchange of emails with a staff member of the Tribunal. The final email from the staff member is dated, September 16, 2020 and indicated that the appellant should file a particular form “when you submit your appeal.”

6The appellant’s evidence on the motion to extend the time for appealing was that he was waiting for the disposition of his request for a stay of the suspension of his driver’s licence. That disposition is dated November 4, 2020 and his Notice of Appeal to the Tribunal was not filed until November 25, 2020. The adjudicator hearing his motion to extend the time for filing the appeal noted the foregoing in her decision to dismiss his motion.

7The appellant’s submissions do not establish that the Tribunal, in dismissing his motion, “acted outside of its jurisdiction or violated the rules of procedural fairness.” Accordingly, the request for reconsideration is dismissed.