Understanding the Notice of Appeal for Driver's Licence Suspension (English / French)

Understanding the Notice of Appeal for Administrative Driver’s Licence Suspension in Ontario

If you have received a notice of suspension of your driver’s licence under the Highway Traffic Act in Ontario, you have the right to challenge this decision by filing a formal appeal with the Licence Appeal Tribunal (LAT). This process is governed by specific legal provisions, notably sections 48.3 and 50.1 of the Highway Traffic Act, and involves completing a detailed form known as the Notice of Appeal - Administrative Driver’s Licence Suspension.

Purpose and Scope of the Form

The Notice of Appeal form (form code: 02022E) is a mandatory document that individuals must fill out to initiate an appeal against an administrative suspension of their driver’s license. It is designed to gather essential information about the appellant, the grounds for appeal, and the details of the suspension order. The form is applicable exclusively to cases where the suspension was ordered under the specified sections of the Highway Traffic Act, typically related to issues such as impaired driving or failure to comply with legal demands under the Criminal Code.

Who Should Use This Form?

This form is intended for drivers who have received an order of suspension and wish to contest it through the LAT. The appellant must be the person named in the suspension order and must meet the eligibility criteria outlined in the form instructions. It is crucial to complete all sections accurately and attach any supporting documents, as incomplete submissions can delay processing or result in dismissal of the appeal.

Steps to Complete the Appeal Form

1. Gather Necessary Information

• Personal details: Last name, first name, middle initial, date of birth, address, contact numbers.
• Details of the suspension order: Date issued, copy of the decision, and any supporting documentation.
• Grounds for appeal: Choose one of the two available grounds and provide supporting evidence.
• Payment: Prepare the non-refundable fee of $106, payable via certified cheque, money order, bank draft, or credit card.

2. Select the Appropriate Ground for Appeal

You must check only one of the following grounds:

• Mistaken identity: You are not the individual to whom the demand was made or from whom a sample was taken under section 254 of the Criminal Code.
• Medical reasons: You were unable to comply with a demand due to medical reasons. If this is the case, a medical information form completed by your doctor must be attached.

3. Complete the Personal and Appeal Details

Fill in your personal information and specify the reasons why you believe the suspension should be overturned. Be thorough and attach additional pages if necessary to explain your case in detail.

4. Confirm and Sign the Declaration

Read the acknowledgment section carefully, then check each box to confirm that you have completed all pages, attached all required documents, and served a copy of your appeal to the Registrar of Motor Vehicles. Sign and date the form to validate your submission.

Submitting Your Appeal

The completed form, along with the required fee and supporting documents, must be submitted to the LAT at the following address:

Ground Floor, 15 Grosvenor Street, Toronto, ON M7A 2G6

Accepted methods of payment include certified cheque, money order, bank draft, or credit card. If paying by credit card, you will need to provide the card details on the form.

Important Deadlines and Considerations

You must file your appeal within the timeframe specified in the suspension order. Typically, this deadline is indicated on the decision notice. Failing to meet this deadline may result in your appeal being dismissed. Ensure that all information is complete and accurate to avoid processing delays.

After Filing Your Appeal

Once your appeal is received and processed, the LAT will review your case and may schedule a hearing. You will be notified of the next steps and any additional requirements. It is advisable to keep copies of all documents submitted and to follow up if you do not receive confirmation within a reasonable period.

Filing an appeal is a formal legal process that allows you to contest a suspension of your driver’s license. Properly completing the Notice of Appeal form and adhering to deadlines are crucial steps to ensure your case is considered fairly.