1Abigail Olusola-Omisore (the “appellant”) appeals the impoundment of her husband’s 2011 Acura MDX on September 24, 2023, for 45 days under section 55.1 of the Act.

2The owner of a vehicle which has been impounded in accordance with s. 55.1 may, under the provisions of s. 50.2 of the Act, appeal the impoundment and request an order from the Licence Appeal Tribunal (the “Tribunal”) that the Registrar release the vehicle.

PRELIMINARY ISSUES

Appellant is not the vehicle owner

3At the outset of the proceeding, I sought clarification of whether the appellant was properly a party to this appeal. For the purposes of appeals under s. 50.2, s. 50.2(1) states that it is the owner of a motor vehicle who may appeal its impoundment to the Tribunal. Section 50.2(11) defines an owner as the person whose name appears on the certificate of registration for the vehicle.

4In this case, the owner of the vehicle is the appellant’s husband, Olusola Omisore. The appellant stated, and the respondent confirmed, that her name does not appear on the certificate of registration of the impounded vehicle.

5The respondent did not consent to amending the name on the Notice of Appeal to that of the owner, even if he was able to join today’s teleconference to authorize such an amendment and participate in the proceeding.

6Since the appellant is not an owner of the impounded vehicle, the Tribunal does not have jurisdiction to hear her appeal on the impoundment. Her appeal is therefore dismissed.

ORDER

7Under s. 50.2, the Tribunal has no jurisdiction to hear a vehicle impoundment appeal from someone who is not the vehicle’s owner. Therefore, the appeal is dismissed.

Bruce Stanton

Adjudicator