Licence Appeal Tribunal File Number: 18133/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 under section 55.1 of the Act for driving while suspended

Between:

Jennifer Dagenais

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR:

Gurleen Thethi

APPEARANCES:

For the Appellant:

Jennifer Dagenais, Self-represented

For the Respondent:

Leila Pereira, Agent

HEARD By Teleconference: Monday, January 12, 2026

OVERVIEW

1Jennifer Dagenais, (the “appellant”), appeals the impoundment of their motor vehicle under section 50.2 of the Highway Traffic Act, R.S.O. 1990, C. H.8 (the “Act”). The appellant’s motor vehicle was impounded on Wednesday, December 17, 2025. At the time of the impoundment, J.M.B (the “driver”) was driving the vehicle with a suspended licence. A Notice of Impoundment was issued for a period of 45 days.

2The appellant appeals on the grounds that the impoundment will cause exceptional hardship.

ISSUES

3The issues in dispute are:

i. Whether the exceptional hardship ground of appeal is available to the appellant in this case, and, if so;

ii. pursuant to s. 50.2(3)(d) of the Act, whether the impoundment will result in exceptional hardship.

RESULT

4For the reasons set out below the impoundment of the vehicle is confirmed.

ANALYSIS

5The owner of a vehicle which has been impounded pursuant to s. 55.1 of the Act may, pursuant to s. 50.2, appeal the impoundment and request an order that the Registrar release the vehicle.

6An owner may appeal only on the grounds set out in s. 50.2 (3), (a), (b), (b.1), (c) and (d) of the Act. The appellant appeals on ground (d), that the impoundment will result in exceptional hardship; however, under s. 50.2(4) of the Act, the ground of exceptional hardship is not available to an owner of an impounded vehicle “…if there was a previous impoundment under s. 55.1 with respect to any motor vehicle then owned by the same owner.”

The exceptional hardship ground of appeal is not available to the appellant

7During cross-examination, the appellant testified to there being a previous impoundment of the vehicle a few years ago, in which she appealed under the ground of exceptional hardship.

8At the time of the previous impoundment, the appellant testified that the vehicle was being driven by the appellant’s brother.

9The impoundment of the vehicle on December 17, 2025 is the second appeal of an impoundment for a vehicle owned by the appellant. As a result, the exceptional hardship ground of appeal is not available to the appellant because of s. 50.2(4) of the Act.

10Section 50.2(4) provides that Clause (3)(d) of s. 50.2 does not apply if there was a previous impoundment under s. 55.1 with respect to “…any motor vehicle then owned by the same owner”. Clause (3)(d) provides that one of the grounds on which an owner may appeal an impoundment under s. 55.1 is that the impoundment will result in exceptional hardship.

11I find therefore that the exceptional hardship ground of appeal under s. 50.2(3)(d) is not available to the appellant because she is an owner of a vehicle that was previously impounded under s. 55.1 of the Act.

12Given that I have found that the exceptional hardship ground of appeal is not available to the appellant, I need not determine whether the impoundment will result in exceptional hardship. There being no other grounds of appeal put forward by the appellant, the impoundment is confirmed and the appeal dismissed.

ORDER

13The Tribunal Orders that the impoundment of the vehicle is confirmed.