The owner of the vehicle is the only party who can appeal the impoundment. An appeal may be made to the License Appeal Tribunal on one of two grounds:
1. If the vehicle was stolen.
2. If the critical defect was not present at the time of the inspection.
During the appeal, the owner may apply to the Superior Court of Justice to have the vehicle released from the impound facility after all impound fees and towing charges have been paid and security has been posted. The Superior Court of Justice will set security of between $5,000 and $10,000.
If the appeal is successful, the owner will be reimbursed by the crown for the cost of towing and impound fees for the vehicle.
If the Order to Impound and Suspend is not overturned, the owner must return the vehicle to the impound facility for the remainder of the impoundment period or forfeit the posted security.
Appeals will be conducted orally unless a written hearing is requested and agreed upon. Hearings will be heard as quickly as possible and decided on within 30 days where required. Appeals may be heard in numerous locations across Ontario.
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