Tammie Doran v. Registrar of Motor Vehicles, 2023 CanLII 30761

Date: 2023-04-17

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 pursuant to Section 55.1 of that Act

Between:

Tammie Doran

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

Adjudicator: Katherine Livingstone, Member

Appearances:

For the Appellant: S. Rinella, agent

For the Respondent: L. Pereira, agent

Heard by teleconference: April 4 and 11, 2023

Background

1On March 2, 2023, the appellant’s vehicle was detained and impounded, pursuant to section 55.1 of the Highway Traffic Act R.S.O. 1990, c. H. 8 (“the Act”), after being driven by someone whose licence was suspended for a criminal code related reason. The appellant filed a Notice of Appeal on March 20, 2023.

2The appellant raised two grounds of appeal, first, that she exercised due diligence in attempting to determine the driver’s licence of the driver at the time of the impoundment was not under suspension and second, that the impoundment will result in exceptional hardship.

Result

3The appeal is dismissed on both grounds and the impoundment is confirmed. Written reasons will follow.

ORDER

4The impoundment of the appellant’s vehicle is confirmed.