Licence Appeal Tribunal File Number: 14630/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 for driving while suspended.

Between:

Sandra Malchiondo

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR:

Colin Osterberg, Vice Chair

APPEARANCES:

For the Appellant:

Sandra Malchiondo, self-represented

For the Respondent:

Ian Sookram, Representative

Heard by Teleconference:

March 10, 2023

OVERVIEW

1Sandra Malchiondo (the “appellant”) appeals the impoundment of her motor vehicle under section 50.2 of the Highway Traffic Act, R.S.O. 1990, C. H.8 (the “Act”). The appellant’s 2013 Mazda motor vehicle was impounded on February 1, 2023. At the time of the impoundment, David Malchiondo was driving the vehicle with a suspended licence. A Notice of Impoundment was issued for a period of 90 days.

2The appellant appeals on the grounds that the impoundment will cause exceptional hardship.

ISSUES

3The issues in dispute are:

i. whether the appellant may rely on the ground of exceptional hardship in light of s. 50.2(4) of the Act; and

ii. if so, whether the impoundment will result in exceptional hardship under section 50.2(3)(d) of the Act.

RESULT

4For the reasons set out below the impoundment of the appellant’s vehicle is confirmed.

ANALYSIS

The ground of exceptional hardship under s. 50.2(3)(d) of the Act is not available to the appellant

5The owner of a vehicle which has been impounded pursuant to s. 55.1 of the Act may, pursuant to the grounds set out in s. 50.2, appeal the impoundment and request an order that the Registrar release the vehicle.

6The appellant alleges that the impoundment will cause exceptional hardship and argues that her vehicle should be released pursuant to s. 50.2(3)(d) of the Act. However, s. 50.2(4) of the Act provides that the exceptional hardship ground of appeal is not available if there has been a previous impoundment under s. 55.1 of the Act with respect to any motor vehicle then owned by the appellant.

7The Registrar submitted a Notice to Registrar which shows that, on September 23, 2022, the appellant’s 2013 Mazda motor vehicle was impounded under s. 55.1 of the Act. The appellant admits that her vehicle was previously impounded for 45 days and that the previous impoundment was not appealed. I am therefore unable to consider the exceptional hardship ground of appeal. As the appellant did not argue any other ground for appeal, her appeal must be dismissed.

ORDER

8For the reasons set out above, the impoundment of the appellant’s vehicle is confirmed.

LICENCE APPEAL TRIBUNAL

__________________________

Colin Osterberg, Vice-Chair