THUNDER BAY — A Thunder Bay pensioner failed to convince a tribunal that losing the use of his personal vehicle for 45 days will cause exceptional hardship.
Ontario's Licence Appeal Tribunal has determined that he and his wife can take the bus or a taxi to do their errands.
The case dates back to June 2020 when the man's van was taken off the road after his son was caught driving it while his licence was under suspension.
Under the Highway Traffic Act, this requires a 45-day impoundment of the vehicle.
However, owners may appeal impoundment on any of five grounds, including that it will result in exceptional hardship.
In this instance, the owner said the van is the only vehicle in the household and is the primary means of transportation for him and his wife, who are pensioners.
He said the impoundment fees (estimated at just under $2,000) will be difficult to absorb.
The couple don't rely on the van to get to work, but use it mostly for shopping, getting groceries and picking up medications.
The man said he has difficulty getting on the bus, and told the tribunal he can't get where he wants without having to wait for the bus, sometimes for long periods.
However there was no evidence that either he or his wife suffers from a chronic health condition or are at risk of a health emergency that would require immediate access to the impounded vehicle.
The man did have a recent fall, but was able to get to hospital by taxi.
In denying the appeal, the adjudicator said reasonable transportation alternatives are available to the couple.
He also noted that legislation prohibits him from taking into account financial loss caused by impoundment unless there is no other transportation option.
