Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 14758/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 licence suspended.
Between:
Shayna Freedman
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION
ADJUDICATOR: Bruce Stanton
APPEARANCES:
For the Appellant: Shayna Freedman, Appellant
For the Respondent: Andrew Sookhoo, Agent
Heard by teleconference: April 11, 2023
OVERVIEW
1Shayna Freedman, (the “appellant”) appeals from the impoundment of her 2011 Kia Rio, on March 15, 2023, for 45 days.
2The appellant appeals on the ground that the impoundment will result in exceptional hardship because she needs the car for transporting herself and her daughter to medical appointments, and for obtaining household needs.
ISSUES
3The issue in dispute is:
- Will the impoundment of the appellant’s vehicle result in exceptional hardship?
RESULT
4I find the impoundment will not result in exceptional hardship and I therefore confirm the impoundment.
ANALYSIS
5The appellant’s vehicle was being driven by her boyfriend, Michael Nobes, on March 15, 2023 when it was detained for impoundment. The respondent directed me to evidence that Mr. Nobes has never had a driver’s licence, but for the purposes of his driving record, the Ministry of Transportation (“MTO”) assigns him a licence number. On the day of the impoundment, Mr. Nobes’ licence status was Suspended/Never Licensed. His last driving infraction was on November 5, 2021 for driving while impaired. As he was then under suspension for a prescribed Criminal Code conviction, pursuant to s. 55.1(1)(3) of the Highway Traffic Act (the “HTA”), the vehicle was lawfully impounded.
6The owner of a vehicle which has been impounded in accordance with s. 55.1 may, under the provisions of s. 50.2, appeal the impoundment and request an order from the Licence Appeal Tribunal (the “Tribunal”) that the Registrar release the vehicle.
7A vehicle owner may only appeal a vehicle impoundment on one or more of the five grounds provided in subsection 50.2(3) of the HTA. The appellant relies on s. 50.2(3)(d), i.e., that the impoundment will result in exceptional hardship.
8For her appeal to succeed, the appellant must prove on a balance of probabilities that the impoundment will result in exceptional hardship.
Issue 1: Will the impoundment of the vehicle result in exceptional hardship?
9I find the impoundment will not result in exceptional hardship.
10Section 10 of O. Reg. 631/98 (the “Regulation”) sets out the criteria by which exceptional hardship is defined for the purposes of s. 50.2(3)(d) of the HTA. Subsection 10(1) compels the Tribunal to first consider whether the owner has alternatives to the impounded vehicle.
11Subsection 10(4) of the [Regulation](https://www.canlii