Licence suspended for failure to pay judgment

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1923
Page Categories:	[Enforcement Proceedings]
Citation:	Licence suspended for failure to pay judgment, CLNP 1923, <>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2022/05/31

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Highway Traffic Act, R.S.O. 1990, c. H.8

198 (1) The driver’s licence of every person who fails to satisfy a judgment rendered against him or her by any court in Ontario that has become final by affirmation on appeal or by expiry without appeal of the time allowed for appeal, for damages on account of injury to or the death of any person, or on account of damage to property, occasioned by a motor vehicle or street car, within fifteen days from the date upon which the judgment became final shall be suspended by the Registrar upon receiving a certificate of the final judgment from the court in which the same is rendered and after fifteen days notice has been sent to the person of intention to suspend his or her licence unless the judgment is satisfied within the period, and shall remain so suspended and shall not at any time thereafter be renewed, nor shall any new driver’s licence be thereafter issued to the person, until the judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of the minimum limits of liability required by the Insurance Act in respect of motor vehicle liability policies. R.S.O. 1990, c. H.8, s. 198 (1).

(2) Despite subsection (1), the Registrar shall not suspend under subsection (1) the driver’s licence of any person who is indebted to the Motor Vehicle Accident Claims Fund. R.S.O. 1990, c. H.8, s. 198 (2).

(3) A judgment debtor may, on due notice to the judgment creditor, apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may, in its discretion, so order, fixing the amounts and times of payment of the instalments, and while the judgment debtor is not in default in payment of the instalments, he or she shall be deemed not in default in payment of the judgment, and the Minister may restore the driver’s licence of the judgment debtor, but the driver’s licence shall again be suspended and remain suspended, as provided in subsection (1), if the Registrar is satisfied of default made by the judgment debtor in compliance with the terms of the court order. R.S.O. 1990, c. H.8, s. 198 (3).

(4) The Lieutenant Governor in Council, upon the report of the Minister that a province or state has enacted legislation similar in effect to subsection (1) and that the legislation extends and applies to judgments rendered and become final against residents of that province or state by any court of competent jurisdiction in Ontario, may declare that subsection (1) shall extend and apply to judgments rendered and become final against residents of Ontario by any court of competent jurisdiction in the province or state. R.S.O. 1990, c. H.8, s. 198 (4).