Appeal of order to impound - Section 50.2

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Appeal of order to impound - Section 50.2

by: admin on
Thu Jan 24, 2008 5:56 am

Appeal of order to impound - 50.2

(1) The owner of a motor vehicle that is subject to an order to impound under section 55.1 may, upon paying the prescribed fee, appeal the order to the Tribunal. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Parties

(2) The owner and the Registrar are the parties to an appeal under this section. 1997, c. 12, s. 5.

Grounds for appeal

(3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may set aside the order to impound are,

(a) that the motor vehicle that is subject to the order was stolen at the time in respect of which the order was made;

(b) that the driver’s licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;

(c) that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver’s licence of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or

(d) that the order will result in exceptional hardship. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Exception

(4) Clause (3) (d) does not apply if an order to impound under section 55.1 was previously made with respect to any motor vehicle then owned by the same owner. 1997, c. 12, s. 5.

Powers of Tribunal

(5) The Tribunal may confirm or set aside the order to impound. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Notice of decision

(6) The Tribunal shall give written notice of its decision to the owner and the Registrar. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Registrar’s actions if order set aside

(7) If the Tribunal sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall pay on behalf of the owner the amount incurred by the owner, as a result of the order to impound, for removing and impounding the vehicle, not including any amount for economic losses; and

(c) shall pay the operator or the owner the amount incurred by the operator or owner, as a result of the order to impound, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12); 2000, c. 26, Sched. O, s. 3 (1).

Decision final

(8) The decision of the Tribunal under this section is final and binding. 1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12).

Impoundment not stayed

(9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the order to impound under section 55.1. 1997, c. 12, s. 5.

(10) Repealed: 1999, c. 12, Sched. G, s. 24 (13).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50.2 is amended by the Statutes of Ontario, 2007, chapter 13, section 14 by adding the following subsection:

Civil Remedies Act, 2001 prevails

(10) Subsection (7) does not apply if the vehicle is subject to an order under Part III.1 of the Civil Remedies Act, 2001. 2007, c. 13, s. 14.

See: 2007, c. 13, ss. 14, 49 (2).

Definitions

(11) In this section,

“operator” has the same meaning as in section 55.1; (“utilisateur”)

“owner” means each person whose name appears on the certificate of registration for the vehicle but in subsection (4) “owner” means the person whose name appears on the plate portion of a permit in cases where the certificate of registration consists of a vehicle portion and a plate portion and different persons are named on each portion. (“propriétaire”) 1997, c. 12, s. 5; 2000, c. 26, Sched. O, s. 3 (2).


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