Licence Appeal Tribunal File Number: 15368/MVIA

An appeal under the Highway Traffic Act, R.S.O. 1990, c. H.8, from the impoundment of a motor vehicle under section 217(4) of the Act.

Between:

Amy Muchan

Appellant

-and-

Registrar of Motor Vehicles

Respondent

Dismissal Order

VICE-CHAIR: Colin Osterberg

Date: December 4, 2023

OVERVIEW

1Amy Muchan (the “appellant”) appeals the impoundment of her 2010 Nissan motor vehicle (the “vehicle”).

2According to the appellant’s Notice of Appeal, and attached documentation, the vehicle was impounded on October 8, 2023. On that date, a police officer impounded the vehicle pursuant to s. 217(4) of the Highway Traffic Act (the “Act”).

3There is no statutory or regulatory provision that creates a right to appeal the impoundment of a vehicle under s. 217(4) of the Act to the Tribunal.

4Since the appellant’s suspension appears to have been made pursuant to s. 217(4) of the Act, it appears the Tribunal does not have jurisdiction to hear this appeal.

The Tribunal’s Authority to Dismiss an Appeal without a Hearing

5Rule 3.4(b) of the Licence Appeal Tribunal Rules (August 21, 2023) (“Rules”) provides that the Tribunal may dismiss an appeal without a hearing when the appeal relates to matters that are outside the Tribunal’s jurisdiction.

6Rule 3.5 of the Rules sets out the procedure for dismissing an appeal without a hearing and requires that, before dismissing an appeal under this Rule, the Tribunal shall:

(a) Give the parties notice of its intention to dismiss;

(b) Provide the reasons for its intention to dismiss;

(c) Inform the parties of their right to make written submissions to the Tribunal within the time limits set out in the notice, which shall be at least 5 days; and

(d) Consider any written submissions provided.

7Pursuant to Rule 3.5 of the Rules, on November 23, 2023, the parties were given notice of the Tribunal’s intention to dismiss the appeal without a hearing and were provided with the reasons for its intention to dismiss. The parties were given until November 30, 2023, to make submissions. No submissions were received by the Tribunal.

Conclusion

8I find that the Tribunal does not have jurisdiction to hear the appellant’s appeal.

ORDER

9The appeal is dismissed.