Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 16714/MVIA
In the matter of an appeal under Section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”), from an impoundment of a motor vehicle pursuant to Section 55.1 of the Act.
Between:
Martha Singh
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION and ORDER
VICE-CHAIR:
Geneviève Painchaud
APPEARANCES:
For the Appellant:
Martha Singh, Self-represented
For the Respondent:
Leila Pereira, Agent for the Registrar
Heard by Teleconference:
February 28, 2025
OVERVIEW
1Martha Singh (the “appellant”) appeals the impoundment of her 2024 Jeep Grand Cherokee on February 4, 2025, for 45 days under s. 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 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.
3For the Tribunal to order the vehicle released, the appellant must prove, on a balance of probabilities, that she satisfies at least one of the five grounds set out in s. 50.2(3) of the Act. The appellant appeals on the grounds that the impoundment will result in exceptional hardship in accordance with s. 50.2(3)(d) of the Act.
ISSUES
4The issue in dispute is:
i. Will the impoundment result in exceptional hardship?
RESULT
5I find the appellant has not established that the impoundment will result in exceptional hardship under s. 50.2(3)(d) of the Act. The Registrar’s impoundment of the vehicle is confirmed.
ANALYSIS
Circumstances leading to the impoundment
6Under s. 55.1 of the Act, where a police officer is satisfied that a person was driving a motor vehicle while his or her licence was under suspension for certain Criminal Code convictions, the officer must detain and impound the vehicle.
7At the time the appellant’s vehicle was detained, it was being driven by Gary Rampersaud, the appellant’s husband. The Registrar presented unrefuted evidence that Mr. Rampersaud’s driver’s licence was under suspension for a prescribed [Criminal Code](