1Renji Francis (the “appellant”) appeals the impoundment of his vehicle under section 55.1 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”). At the time of the impoundment, he was driving the vehicle while his driving privileges were under suspension.

2The appellant’s vehicle was impounded on September 22, 2023. The period of impoundment is 45 days and expires November 6, 2023. The appeal was filed on November 1, 2023, which is 39 days after the impoundment.

3Section 9 of Ontario Regulation 641/98 provides that an appeal under s. 50.2 of the Act must be commenced within 15 days of the impoundment.

4The appellant brings this motion to extend the time for filing his appeal. The Notice of Hearing advised both parties that if the motion for the extension of time is granted, I would hear evidence regarding the merits of the appeal. Both parties agreed to proceed with the hearing.

5The grounds of the appeal raised by the appellant is that the impoundment of his vehicle will result in exceptional hardship.

6For the reasons given below, I find that the justice of this case does warrant an extension of time for filing the appeal. The appellant’s motion is therefore allowed.

7However, I find that the appellant has failed to establish that the impoundment will result in exceptional hardship. The impoundment is therefore confirmed.

ANALYSIS

Motion for Extension

8Section 7 of the Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sch G gives the Tribunal the discretion to grant an extension of time to file an appeal where there are reasonable grounds for applying for the extension and for granting relief.

9In Manuel v. Registrar of Motor Vehicle Dealers Act, 2002, [2012 ONSC 1492](