Tribunal File Number: 14196 MVIA
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:
Ambrea Castle
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
ADJUDICATOR: Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellant: Ambrea Castle, Self-represented
For the Respondent: Leila Pereira, Agent
Heard by teleconference: August 25, 2022
REASONS FOR DECISION AND ORDER
background
1A teleconference hearing was held on August 25, 2022 to consider the appeal of Ambrea Castle (the “appellant”) of the impoundment of her 2017 Toyota (the “vehicle”) on July 27, 2022 for 45 days.
2The appellant submits that the impoundment has resulted in exceptional hardship to her because she needs her vehicle to get to her educational program through Georgian College, her part-time weekend employment, and to transport her child to daycare, school, to his grandparents on the weekends and to sports.
ISSUE
3The issue to be determined is whether the impoundment has resulted in and will result in exceptional hardship.
result
4I find that the appellant’s evidence fails to support a finding that the impoundment has resulted in or will result in exceptional hardship.
LAW AND ANALYSIS
5The owner of a vehicle which has been impounded pursuant to s. 55.1 of the Highway Traffic Act, R.S.O., 1990, c. H.8 (the “HTA”) may, pursuant to s. 50.2, appeal the impoundment and request an order that the Registrar release the vehicle.
6An owner may appeal only on the grounds set out in s. 50.2(3), (a), (b), (c) and (d) of the HTA. The appellant appeals on ground (d), that the impoundment will result in exceptional hardship.
Will the impoundment result in exceptional hardship?
7I find that the impoundment did not result in exceptional hardship because the appellant had alternatives available to the impounded vehicle.
8Section 10 of O. Reg. 631/98 (the “Regulation”) sets out the criteria and factors that I must consider in determining whether exceptional hardship will result from an impoundment. In order to establish exceptional hardship, the first requirement, as set out in s. 10 (1) of the Regulation, is that there must be no alternative to the impounded vehicle. Subsection 10(4) states that in order to show that there is no alternative to the impounded vehicle:
…the owner must demonstrate that every reasonable option has been considered and inquired into that could eliminate or adequately mitigate any threat or loss to the person, including using another vehicle and making arrangements to do without any motor vehicle during the impound period.
9If the appellant is able to establish that there is no alternative to the impounded vehicle then under s. 10(1), I must consider whether the impoundment will result in:
(a) a threat to the health or safety of any person ordinarily transported by the motor vehicle; or
(b) a threat to the public health and safety or to the environment or property of a community in whose service the motor vehicle is ordinarily used.
10I can only consider financial, employment and education or training losses listed in s. 10(2) of the Regulation if the appellant first establishes that there is no alternative to the impounded vehicle. I find that the appellant has not established that there is no alternative to the impounded vehicle.
11Pursuant to s. 10(2)(a) of the Regulation, the Tribunal may never consider whether the impoundment will result in inconvenience to any person.
12The appellant testified that she is in an educational program through