Is impoundment of an improperly parked vehicle a seizure?
Alberta, Canada
The following excerpt is from Alberta (Driver Control Board) v. Lupien, 2001 ABQB 511 (CanLII):
In Brazier v. Vancouver (City), [1997] B.C.J. No. 2636 (B.C.C.A.), the impoundment of an improperly parked vehicle was found to be a seizure, but one that was reasonable in light of its purpose. After considering the evidence relating to parking infractions and the process of impoundment, Goldie J.A. held: In my view, the evidence discloses that the City has a valid purpose in controlling illegal parking. It also discloses that resort to impoundment is not a randomly selected procedure arbitrarily applied by ill-trained people. Any violation of privacy occasioned by the removal of illegally parked vehicles is minimal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
Can an expert testify that the disclosure of damage to a vehicle causes the vehicle's value to decline? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger? (Alberta, Canada)
In what circumstances will a tow truck be deemed to have contributed to a motor vehicle accident? (Alberta, Canada)
In what circumstances will a third party claim in a motor vehicle accident? (Alberta, Canada)
What is the test for putting a vehicle in motion? (Alberta, Canada)
Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver? (Alberta, Canada)
What is the discovery period for a motorcyclist injured in a motor vehicle accident? (Alberta, Canada)
