Wagner v. Registrar of Motor Vehicles, 2023 CanLII 56100

Licence Appeal Tribunal File Number: 14973/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:

Lance Wagner

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

VICE-CHAIR:

Colin Osterberg

APPEARANCES:

For the Appellant:

Lance Wagner, self-represented

For the Respondent:

Andrew Sookhoo, Representative

HEARD: June 22, 2023

OVERVIEW

1Lance Wagner (the "appellant") appeals the impoundment of his motor vehicle under section 50.2 of the Highway Traffic Act, R.S.O. 1990, C. H.8 (the "Act"). The appellant's motor vehicle was impounded on June 12, 2023. At the time of the impoundment, Rayal Hill was driving the vehicle with a suspended licence. A Notice of Impoundment was issued for a period of 45 days.

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

ISSUES

3The issue in dispute is:

i. whether the impoundment will result in exceptional hardship under section 50.2(3)(d) of the Act.

RESULT

4After the appellant presented his evidence, the Registrar agreed to release the appellant's vehicle.

ORDER

5The Registrar will release the appellant's vehicle and the Tribunal's file will be closed.