Guide to Filing an Appeal for Motor Vehicle Impoundment in Ontario (English / French)

Understanding the Notice of Appeal for Motor Vehicle Impoundment in Ontario

If your vehicle has been impounded in Ontario due to a suspension of your driver’s license, you may have the right to appeal the impoundment. This process is governed by the Highway Traffic Act, specifically sections 55.1 and 50.2, which outline the circumstances under which a vehicle can be impounded and how to challenge such actions. This article provides a comprehensive overview of the official appeal form, its purpose, and how to navigate the process effectively.

When to Use the Appeal Form

The appeal form is specifically designed for vehicle owners who wish to contest an impoundment that lasts either 45, 90, or 180 days. These impoundments typically occur when a vehicle is driven by someone whose driver’s license was suspended at the time of the incident. If you believe your vehicle was wrongly impounded or have grounds to contest the duration or circumstances, this form is your official channel to seek a review.

It is important to note that this form applies only to impoundments under section 55.1 of the Highway Traffic Act. If your vehicle was impounded for other reasons, or if your appeal relates to different legal provisions, alternative procedures may be applicable.

Key Information Required for the Appeal

Owner and Vehicle Details

• Owner Information: Full name, contact details, and, if applicable, company name and registration number.
• Impounded Vehicle Details: Vehicle Identification Number (VIN), make, model, year, license plate number, and commercial registration number if relevant.

Impoundment and Incident Data

• Impoundment Facility: Name and address of the impound lot.
• Order Details: Impoundment order number and date of issuance.
• Driver Information: Name of the driver at the time of impoundment.
• Duration: The number of days the vehicle was ordered to be impounded (select 45, 90, or 180 days).

Grounds for Appeal

The form specifies four legal grounds on which you can base your appeal:

1. The vehicle was stolen at the time of impoundment.
2. The driver’s license was not suspended at the time of the incident.
3. Due diligence was exercised to verify the driver’s license status before impoundment.
4. The impoundment would cause exceptional hardship.

How to Complete and Submit the Appeal

To ensure your appeal is processed efficiently, you must:

• Complete all sections of the form, including detailed reasons for your appeal and supporting documentation.
• Attach a copy of the Notice of Motor Vehicle Impoundment.
• Pay the non-refundable fee of $106, which applies per license involved. Acceptable payment methods include certified cheque, money order, bank draft, or credit card.
• Submit the form within 15 days of the impoundment date to avoid delays in processing.

Important Points and Tips

Before submitting your appeal, review all information carefully to prevent delays caused by incomplete or inaccurate submissions. If you have a representative, ensure they complete the 'Declaration of Representative' form and attach it to your appeal. Keep copies of all documents and proof of payment for your records.

Once your appeal is received, the Tribunal will review your case based on the grounds provided. If successful, the Tribunal can order the Registrar to release your vehicle. Otherwise, the impoundment will proceed as scheduled.

Contact and Additional Resources

For questions or to check the status of your appeal, contact the License Appeal Tribunal (LAT) at the provided addresses and phone numbers. Their office is located at 15 Grosvenor Street, Ground Floor, Toronto, ON, and they can be reached by telephone, toll-free, or email.

Understanding and carefully following the appeal process can help protect your rights and potentially reduce the duration of vehicle impoundment. Always ensure you submit all required documentation and adhere to deadlines to avoid unnecessary complications.