MOTION ORDER
Tribunal File Number: 14431/MVIA
Appeal Under Section 50.2 of the Highway Traffic Act, R.S.O. 1990, c.H.8 from an impoundment pursuant to Section 55.1 of the Act for driving while under suspension
Between:
Gerber Landscaping Ltd.
Applicant
and
Registrar of Motor Vehicles
Respondent
Order made by: Jeffery Campbell, Adjudicator
Appearances:
For the Applicant: Jacob Holfeuer, owner of the company
For the Respondent: Leila Pereira, agent for the Registrar
Motion Hearing conducted via teleconference on December 12, 2022
OVERVIEW:
1On October 6, 2022, a vehicle owned by Gerber Landcapsing Ltd.’s (the appellant) was impounded for 45 days, pursuant to s. 55.5(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (The Act). The impoundment period ended November 20, 2022.
2The appellant filed a Notice of Appeal on November 15, 2022, 25 days after the time allowed for filing an appeal. The grounds for his appeal is exeptional hardship.
3The appellant brought a motion to extend the time for filing his appeal. On November 22, 2022, the Registrar for Motor Vehicles (the “respondent”) advised both the appellant and the Tribunal that they were not consenting to an extension of time for filing.
4The motion was to be heard on December 1, 2022, but was adjourned to today’s date due to unforeseen personal circumstances on the part of the appellant.
MOTION:
5The appellant filed a Notice of Motion dated November 15, 2022 and sought the following relief:
i. An order of the Tribunal granting an extension of time to allow me to file my appeal outside of the legislated timeline.
RESULT:
6At the hearing of today’s date, the respondent consented to the granting of an extension of the time for filing.
ORDER
7The motion is allowed and the filing period for the Notice of Appeal is extended to November 18, 2021.
8The appeal will proceed to Case Conference. The Tribunal will contact the parties to set up the date.
LICENCE APPEAL TRIBUNAL
Jeffery Campbell, Vice-Chair
Released: December 14, 2022