Amanda K. Fonda v. Registrar of Motor Vehicles, 2023 CanLII 123446

Tribunals Ontario Licence Appeal Tribunal

Tribunaux décisionnels Ontario Tribunal d'appel en matière de permis

Licence Appeal Tribunal File Number: 15495/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 under section 55.1 of the Act

Between:

Amanda K. Fonda Appellant

and

Registrar of Motor Vehicles Respondent

DECISION

VICE-CHAIR: Avril A. Farlam, Vice-Chair

Appearances:

For the Appellant: Amanda K. Fonda, Self-represented For the Respondent: Sadia Ashraf, Representative

HEARD: December 22, 2023

OVERVIEW

1Amanda K. Fonda, the appellant, appeals the impoundment of her 2012 Kia, the vehicle, on December 4, 2023 for 90 days. At the time of impoundment the vehicle was being driven by the appellant’s husband whose driver’s licence was suspended.

2At the hearing the appellant confirmed that her sole ground of appeal is that the impoundment will cause exceptional hardship.

3The appellant states in her Notice of Appeal that the impoundment will cause exceptional hardship for her because she needs her vehicle to get to her employment, for her husband to be driven to his employment, and for her daughter to be transported to her medical appointments, and because she cannot afford the impound fees.

4The respondent submits that this appeal results from the second impoundment of the vehicle, and that the appellant’s circumstances would not meet the definition in the legislation of exceptional hardship in any event.

ISSUES

5The issues in dispute are:

i. Issue 1: Whether the exceptional hardship ground of appeal is available to the appellant in this case, and, if so ii. Issue 2: Whether the impoundment will result in exceptional hardship.

RESULT

6On the first issue I find that the exceptional hardship ground is not available to the appellant because she is an owner who has previously had a vehicle impounded under s. 55.1 of the Highway Traffic Act, R.S.O., 1990, c. H.8 (the “HTA”). As a result, I need not determine the second issue.

ANALYSIS

7The owner of a vehicle which has been impounded pursuant to s. 55.1 of the HTA may, pursuant to s. 50.2, appeal the impoundment and request an order that the Registrar release the vehicle.

8An owner may appeal only on the grounds set out in s. 50.2 (3), (a), (b), (c) and (d) of the HTA. Here the appellant appeals on ground (d), that the impoundment will result in exceptional hardship. However, under s. 50.2(4) of the HTA, the right to appeal on the ground of exceptional hardship is not available to an owner of an impounded vehicle “…if there was a previous impoundment under section 55.1 with respect to any motor vehicle then owned by the same owner”.

Is the exceptional hardship ground of appeal available to the appellant?

9The appellant testified that there was a previous impoundment of the vehicle but that she had learned from this previous mistake and she will make sure the vehicle is not impounded again.

10The Register’s documentary evidence filed establishes that the vehicle was impounded once before on February 10, 2022. At the time of the 2022 impoundment the vehicle was being driven by the appellant’s husband.

11The impoundment of the vehicle on December 4, 2023 is the second impoundment of the vehicle. As a result, the exceptional hardship ground of appeal is not available to the appellant because of s. 50.2(4) of the HTA.

12Section 50.2(4) provides that Clause (3)(d) of s. 50.2 does not apply if there was a previous impoundment under s. 55.1 with respect to “…any motor vehicle then owned by the same owner”. Clause (3)(d) provides that one of the grounds on which an owner may appeal an impoundment under s. 55.1 is that the impoundment will result in exceptional hardship.

13Given these facts, I find therefore that the exceptional hardship ground of appeal under s. 50.2(3)(d) is not available to the appellant because she is an owner of a vehicle who has previously had a vehicle impounded under s. 55.1 of the HTA.

Will the impoundment result in exceptional hardship?

14Given that I have found that the exceptional hardship ground of appeal is not available to the appellant, I need not determine the second issue.

ORDER

15Pursuant to subsection 50.2(5) of the HTA, I confirm the impoundment of the appellant’s vehicle.