Licence Appeal Tribunal File Number: 18674/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”)
Between:
Nicole Holland
Appellant
And
Registrar of Motor Vehicles
Respondent
DECISION
ADJUDICATOR: Laura Hodgson
APPEARANCES:
For the Appellant: Nicole Holland, Self-represented Jason Acres, Representative
For the Respondent: Martin He, Representative
HEARD: By Teleconference Wednesday, June 10, 2026
OVERVIEW
1Nicole Holland, (the “appellant”), appeals the impoundment of her motor vehicle on March 30, 2026. The appellant’s motor vehicle was towed by Ottawa Police Service because of “obstruction/abandonment”.
PRELIMINARY ISSUE
Motion to Dismiss
2On June 8, 2026, the representative of the Registrar of Motor Vehicles (the “respondent”) filed a Notice of Motion with the Licence Appeal Tribunal (the “Tribunal”) asking for the appeal to be dismissed for lack of jurisdiction. In the respondent’s submission the Tribunal has no jurisdiction to hear this appeal as there was no impoundment under section 55.1 of the Act.
3The respondent conducted searches of the Ministry of Transportation data bases for both the appellant’s vehicle plate number and the appellant’s driver’s licence number. There was no Ministry record of an impoundment of this vehicle. Additionally, there was no record indicating that the appellant had any conditions or suspension associated with her license.
4The appellant submits that her vehicle was towed by Ottawa Police Service for “obstruction”. During the course of the hearing, she forwarded the undated, Ottawa Police Service “Towed Vehicle Slip” to the respondent and the Tribunal. The slip indicates that the vehicle was towed by police for “obstruction/abandoned/minor MVC”. It indicates the company that towed the vehicle and beside the box “Release” it is checked “yes”.
5The appellant stated that her vehicle was broken down on the side of the road when it was, what she considers, improperly impounded by the police. The appellant was living in her vehicle at the time and has experienced significant hardship since her vehicle was towed on March 30, 2026.
Analysis
6Not all impoundments can be appealed to this Tribunal. Section 3(1) of the Licence Appeal Tribunal Act, 1999, states that this Tribunal may only hold hearings and perform duties that are expressly assigned to it under an Act or regulation. If there is no explicit right in the statute or regulation to review an action or decision, the Tribunal cannot do so. Pursuant to Rule 3.4 the Tribunal may dismiss an appeal without a hearing if it is outside the Tribunal’s jurisdiction.
7The Tribunal has no jurisdiction to hear this appeal. Section 50.2 (1) of the Act governs appeals from an impoundment. It states:
50.2 (1) The owner of a motor vehicle that is impounded under section 55.1 may, upon paying the fee established by the Tribunal, appeal the impoundment to the Tribunal. 2009, c. 5, s. 22.
8Based on information provided, it appears that the appellant’s vehicle was towed by police because it was an obstruction. There is no record of impoundment and nothing to indicate that the vehicle was impounded under section 55.1 of the Act. This appeal relates to matters outside of the Tribunal’s jurisdiction.
9I appreciate that the appellant is frustrated and seeks the return of her vehicle. This Tribunal, however, has no jurisdiction to hear this appeal. An impoundment for “obstruction” is not one which is appealable under s. 55.1 of the Act. As a result, an appeal in this forum is not available.
CONCLUSION
10The Tribunal does not have jurisdiction to hear this appeal.
ORDER
11For the reasons set out above, this appeal is dismissed for lack of jurisdiction
Released: June 16, 2026
__________________________
Laura Hodgson
Adjudicator