A. Economic Hardship Grounds for Review
For the economic hardship grounds, the applicant must be either the business owner or an authorized representative. They must demonstrate that: (1) the vehicle is used in their company; (2) the company has a reasonable prospect of generating income that is dependent on the impounded vehicle; and (3) the anticipated income that depends on the vehicle represents a substantial proportion of the anticipated income to be earned by the company during the period of impoundment, or otherwise imposes an economic hardship on the company.
After meeting these requirements, there is also a $450 early vehicle release fee if you are successful. Yes, you read that correctly – if you demonstrate that your company will experience economic hardship due to the vehicle impoundment, you will be required to pay an additional $450 for an early release of the vehicle.
B. Compassionate Grounds for Review
For the compassionate grounds, you must be hold a valid driver’s license and be cohabitating with the owner of the vehicle at the time that the vehicle was impounded. The following are reasons for compassionate grounds:
- The vehicle impoundment will cause you to suffer a loss or negatively impact your employment or educational opportunities.
- The vehicle impoundment will prevent you, or someone under your care, from obtaining medical treatment.
For both of these reasons, you must demonstrate that you have no reasonable alternative form of transportation (including public transit).
There is a $100 vehicle release fee if you are successful upon review.
C. Absence of Consent and Knowledge of the Registered Owner
This category is fairly straight forward. Are you the registered owner of the vehicle, and was the driver at the time of the impoundment using your vehicle without your consent and knowledge?
The tricky aspect of this category is that there needs to be an absence of both explicit and implicit consent. In other words, there may be implied consent if the driver is someone that has a close relationship with you – the registered owner. Implied consent can be found based on the nature of the relationship between the driver and the registered owner, such as spouses, children, etc.
D. Registered Owner Exercising Reasonable Care and Diligence Entrusting Vehicle
The registered owner must show that they exercised due diligence when they loaned their vehicle to the driver, meaning they were reasonably sure that the driver would operate the vehicle within the bounds of the law when they had possession of it. This sounds like an easy and straightforward test, but we have found that the standard of proof applied by the adjudicators means very few people will fulfill the legal test.
Finally, there are also other ways to get your impounded vehicle released early. These include:
- Your vehicle was stolen. The owner should contact the police to file a stolen vehicle report and the police can then terminate the impoundment so the registered owner can pay the impound lot and retrieve the vehicle.
- The unlicensed driver of the impounded vehicle has obtained a valid driver’s licence.