Licence Appeal Tribunal File Number: 15274/MVIA
In the matter of an appeal under Section 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 of the Act.
Between:
Tara L. Dixon
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION and ORDER
ADJUDICATOR:
Bruce Stanton
APPEARANCES:
For the Appellant:
Tara L. Dixon, Appellant (self-represented)
For the Respondent:
Sadia Ashraf, Agent for the Registrar
Ian Sookram, Agent for the Registrar
Heard by Teleconference:
October 30, 2023
OVERVIEW
1Tara L. Dixon (the “appellant”) appeals the impoundment of her vehicle on September 18, 2023, for 45 days under section 55.1 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”).
2The parties attended the hearing in this matter, but the appellant was not prepared to proceed to the evidentiary portion of the hearing.
RESUMPTION
The hearing will be continued
3The appellant submitted that she was not expecting today’s hearing as she was under the impression her appeal had been denied. The Tribunal initially advised the appellant that her appeal was filed after the 15-day limit and that a Notice of Motion would need to be filed seeking an extension beyond the 15 days, to hear her appeal. She filed a Notice of Motion with the Tribunal on October 17, 2023 and the Tribunal sent the appellant an email on October 23, 2023 that included a Notice of Motion Hearing for October 30, 2023.
4Two-days later, on October 25, 2023, the Tribunal advised the parties that the appellant’s appeal was “not filed late and was in fact, filed on time, within the 15-day timeline”. Therefore, no motion to extend the timeline was required, there was no need for a motion hearing, and that the matter would proceed directly to a hearing. The Notice of Hearing for today was issued on October 25, 2023.
5At today’s hearing the appellant was at her workplace and was not expecting a hearing. She was not aware the motion hearing initially scheduled for today had been vacated and that the matter would proceed to a hearing of the case on its merits. She had only her smartphone to access documents related to the hearing. She was not able to locate a copy of the respondent’s submission.
6I accept the appellant’s submission that she did not understand that the hearing was to proceed today and that a motion for an extension to file her appeal was not required. The respondent consented to a resumption of the hearing.
7In considering whether to grant an adjournment, Rule 16.3 of the Licence Appeal Tribunal Rules lists the factors that may be considered. Today’s adjournment meets most, if not all of them. Specifically, the file is only six weeks old, has not had previous adjournments, the adjournment is on consent (though this consent is not determinative), the proceeding will be delayed only four days, and the parties were canvassed and were available for a prompt resumption.
8The adjournment supports procedural fairness because the appellant should have the opportunities to prepare for the hearing and have her evidence and arguments heard by the Tribunal. The notice changing today’s proceeding from a motion hearing to a hearing on the substantive issue(s) came by email, three business days before today’s hearing. I accept that not all appellants attend to their email inbox with the same frequency and urgency, and in the context of this matter, the appellant’s lack of preparedness for today is understandable and was not foreseeable.
9Accordingly, the hearing shall resume on Friday, November 3, 2023.
10In preparation for the hearing, the respondent will send a copy of its submission to the appellant by email. The appellant will file with the Tribunal, and send to the respondent, the portion of page 3 of her Notice of Appeal that is cut off in the electronic version, as a supplement. The appellant is encouraged to have separate electronic devices available to her for the hearing a) for viewing documents and b) connecting to the teleconference, in a location that is reasonably private with limited distraction.
ORDER
11The hearing is adjourned and will resume on Friday, November 3, 2023, at 9:30 a.m.
12The respondent will send a copy of its submission to the appellant by 4:00 p.m. on Thursday, November 2, 2023.
13The appellant will file with the Tribunal, and send to the respondent, the portion of page 3 of her Notice of Appeal that is cut off in the electronic version, as a supplement, no later than 4:00 p.m. on Thursday, November 2, 2023.
14I am not seized of this matter.
Bruce Stanton
Adjudicator
Released: November 2, 2023