Licence Appeal Tribunal

Licence Appeal Tribunal File Number: 16155/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:

Veronica Miller

Appellant

And

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR: Bruce Stanton

APPEARANCES:

For the Appellant: Veronica Miller, self-represented

For the Respondent: Leila Pereira, Agent for the Registrar

Heard by Teleconference: August 28, 2024

OVERVIEW

1Veronica Miller (the “appellant”) appeals the impoundment of her 2019 Ford Edge for 45 days under section 55.1 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).

2The owner of a vehicle which has been impounded in accordance with section 55.1 may, under the provisions of section 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.

3The appellant must prove, on a balance of probabilities, that she satisfies at least one of the five grounds set out in subsection 50.2(3), for the Tribunal to order the vehicle released. The appellant appeals on the grounds that the vehicle was stolen at the time of the impoundment (s. 50.2(3)(a)).

ISSUES

4The issue in dispute is:

a. Was the vehicle stolen at the time of the impoundment?

RESULT

5Upon hearing the appellant’s oral testimony during the evidentiary portion of the hearing, the respondent was satisfied that the vehicle was stolen for the purposes of subsection 50.2(3)(a). Since it determined that the ground upon which the Tribunal could order the vehicle released from impoundment had been met, the respondent declared that it will be releasing the vehicle from impoundment, likely the following day.

ORDER

6Since the respondent is releasing the vehicle from impoundment on its own initiative, the issue in dispute is effectively settled and the appeal before the Tribunal is closed.