Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 16198/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:
Arpit Bhagat
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION
ADJUDICATOR: Raymond C. Ramdayal, Member
APPEARANCES:
For the Appellant: Eoghan Healy, Articling Student
For the Respondent: Sadia Ashraf, Agent
Heard by Teleconference: September 16, 2024
OVERVIEW
1The appellant, Arpit Bhagat, appeals the 45-day impoundment of his 2015 Freightliner Truck under section 55.1 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
2The appellant uses this vehicle for commercial purposes for towing trailers. It was impounded on August 17, 2024, after police found it being operated by an individual recently hired by the appellant, A.S., whose licence was under a Criminal Code suspension at the time.
3Subsection 55.1(2) of the Act allows for the impoundment of a vehicle for 45 days where a police officer is satisfied that the driver’s licence of the person who is driving a vehicle at the time of its detention is under suspension for certain Criminal Code offences. In this case, A.S.’s driver’s licence was suspended pursuant to sections 41 and 43 of the Act following the offence of impaired driving on May 4, 2018.
ISSUE
4The appellant appeals under s. 50.2(3)(c) of the Act, submitting that he exercised due diligence in ensuring that the driver’s licence of the driver at the time it was detained to be impounded was not then under suspension.
5The onus of proving this ground of appeal rests with the appellant. To succeed in his appeal