Tribunals Ontario Licence Appeal Tribunal
Tribunaux décisionnels Ontario Tribunal d'appel en matière de permis
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
Between:
Kristopher Jerome, Appellant
And
Registrar of Motor Vehicles, Respondent
DECISION AND ORDER
Adjudicator: Colin Osterberg, Member
Appearances:
For the Appellant: No-one appearing For the Respondent: Leila Pereira, Agent
Heard by teleconference: June 14, 2022
REASONS FOR DECISION AND ORDER
BACKGROUND
1Kristopher Jerome (the "appellant") appeals the impoundment of his 2006 Ford truck (the "vehicle") under s. 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act"). The vehicle was impounded on April 12, 2022 for 45 days. At the time of impoundment, the vehicle was being driven by Ryan McManus ("McManus") whose licence was then under suspension.
2The appellant appeals on the grounds that the impoundment has resulted in exceptional hardship.
ISSUES
3The issue to be determined is whether the impoundment will result in exceptional hardship under s. 50.2(3)(d) of the Act.
RESULT
4For the reasons set out below, the impoundment of the vehicle is confirmed.
ANALYSIS
5This was the second time this matter has come up for hearing. On June 3, 2022, a hearing was scheduled and the appellant attended. Shortly after the hearing commenced, the appellant disconnected without warning and the Case Management Officer was unable to contact him. The hearing was adjourned, and a new hearing date was set for today.
6The appellant failed to appear at today's hearing. I am satisfied that he was sent the Notice of Hearing by email on June 6, 2022. I was advised by the Case Management Officer ("CMO") handling this matter that he made attempts to contact the appellant on the telephone today to confirm his attendance at the hearing. The CMO was unable to reach the appellant.
7After waiting 30 minutes to give the appellant the opportunity to appear at the hearing, I ordered that the hearing proceed in his absence. The evidence submitted by the Registrar confirms that on April 12, 2022 the vehicle was being driven by a driver whose licence was suspended for offences delineated in s. 55.1 of the Act when it was detained and impounded by a police officer. I find that this impoundment was in accordance with s. 55.1 of the Act.
8In his Notice of Appeal, the appellant alleges that the impoundment will cause exceptional hardship. He has the onus of proving exceptional hardship. No evidence was presented at the hearing in support of the appellant's position. His appeal must be dismissed.
ORDER
9For the reasons set out above, and pursuant to subsection 50.2(5) of the Act, the Tribunal confirms the impoundment of the appellant's vehicle.
Released: June 15th, 2022
Colin Osterberg, Member