Licence Appeal Tribunal File Number: 15229/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 pursuant to section 55.1 of the Act.
Between:
Briar Gray
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION
ADJUDICATOR:
Rebecca Hines
APPEARANCES:
For the Appellant:
Briar Gray, Appellant
For the Respondent:
Leila Pereira, Agent for the Registrar
Heard by Teleconference:
September 26, 2023
OVERVIEW
1Briar Gray (the “appellant”) appeals the impoundment of her 2017 Dodge Ram on September 12, 2023, for 45 days under section 55.1 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”). At the time of the impoundment, her spouse was driving the vehicle while his driving privileges were under suspension resulting from a prescribed Criminal Code conviction.
2The appellant appeals on the ground that the impoundment will result in exceptional hardship.
ISSUES
3The issue in dispute is:
- Will the impoundment of the appellant’s vehicle result in exceptional hardship under section 50.2(3)(d) of the HTA?
RESULT
4I find the appellant has not established that the impoundment will result in exceptional hardship under section 50.2(3)(d) of the HTA and confirm the impoundment.
ANALYSIS
5The appellant’s vehicle was impounded pursuant to s. 55.1(1)1 of the HTA, because her spouse was driving the vehicle while his licence was suspended.
6The respondent presented unrefuted evidence that the spouse’s licence was suspended for a prescribed Criminal Code offence pursuant to s. 55.1(1) of the HTA at the time of the impoundment. Accordingly, the vehicle was lawfully impounded.
7The owner of a vehicle which has been impounded in accordance with s. 55.1 may, under the provisions of s. 50.2 of the HTA, appeal the impoundment and request an order from the Licence Appeal Tribunal (the “Tribunal”), allowing the appeal and that the Registrar release the vehicle.
8A vehicle owner may only appeal a vehicle impoundment on one or more of the five grounds provided in subsection 50.2(3). The appellant relies on s. 50.2(3)(d), i.e., that the impoundment will result in exceptional hardship.
9For her appeal to succeed, the appellant must prove on a balance of probabilities that the impoundment will result in exceptional hardship.
The impoundment of the vehicle will not result in exceptional hardship.
10Section 10 of [O. Reg. 631/