David Borenstein

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence under s. 47(1) of the Highway Traffic Act.

The suspension was based on a medical condition report from an emergency room physician diagnosing the appellant with an alcohol-related seizure following a motor vehicle accident.

The Licence Appeal Tribunal found the medical report unreliable due to a lack of clinical evidence, testing, or history of seizures in the emergency department record.

The Tribunal preferred the appellant's evidence that he did not have a seizure and set aside the licence suspension.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence for medical reasons following an episode of ventricular tachycardia that required pace termination from her implantable cardioverter defibrillator.

The Ministry of Transportation required a six-month observation period before reinstatement.

The Appellant argued that under the applicable medical guidelines, only a three-month observation period was required.

The Tribunal confirmed the suspension at the present time, finding that the Appellant currently suffers from a condition likely to significantly interfere with safe driving, but agreed with the Appellant that the three-month observation guideline was applicable for future reassessment.

The Appellant appealed a decision of the Registrar of Motor Vehicles to suspend his driver's licence due to alcohol dependence.

The suspension followed a Medical Condition Report filed after the Appellant sought hospital treatment for binge drinking.

The Tribunal found that the medical evidence and the Appellant's pattern of alcohol use supported the finding that he was addicted to alcohol to an extent likely to significantly interfere with his ability to drive safely.

The Registrar's decision to suspend the licence was confirmed.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence based on a 2006 Medical Condition Report alleging alcohol and drug dependence.

The appellant's current family physician provided reports in 2010 and 2013 stating there were no concerning drug or alcohol abuse issues and recommending reinstatement.

The Tribunal found the current family physician's opinion more persuasive than the 10-year-old report from a single walk-in clinic visit.

The Tribunal concluded the Ministry of Transportation did not meet its onus to prove the appellant was addicted to alcohol or drugs to an extent likely to significantly interfere with his ability to drive safely.

The Registrar's decision was set aside.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a 2007 motor vehicle accident and a subsequent medical report indicating substance abuse and potential psychiatric issues.

The Ministry of Transportation required updated medical and addiction assessments, which the appellant failed to provide for several years while continuing to drive with a suspended licence.

The Licence Appeal Tribunal confirmed the suspension, finding that the most up-to-date information supported a past substance dependency problem that would significantly interfere with the ability to drive safely, and the appellant had not provided current objective medical evidence to prove otherwise.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to a seizure.

The Appellant has epilepsy and had a seizure after discontinuing his medication.

He resumed taking Dilantin and had been seizure-free for over four months at the time of the hearing.

The Ministry of Transportation argued for a strict six-month observation period per CCMTA guidelines.

The Licence Appeal Tribunal found that the Appellant's epilepsy was well-controlled on medication, he was likely to remain compliant, and the Ministry failed to prove he posed a significant risk to driving safety.

The Registrar's decision to suspend the licence was set aside.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a Medical Condition Report from his family physician indicating alcohol dependence.

The appellant had arrived at his doctor's office intoxicated.

Despite the appellant's claims of abstinence and remorse, the Licence Appeal Tribunal confirmed the suspension, finding that his history of alcohol misuse and previous suspensions demonstrated a condition likely to significantly interfere with his ability to drive safely.

The Tribunal upheld the requirement for twelve months of proven abstinence or a supporting letter from an addiction specialist.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for medical reasons.

The suspension followed an emergency department visit where toxicology tests confirmed cocaine use, leading to a Medical Condition Report citing drug dependence.

The Licence Appeal Tribunal found that the Appellant suffers from an addiction likely to significantly interfere with his ability to drive safely.

The Tribunal confirmed the suspension but recommended the Ministry drop its requirement for a mental health assessment, as there was no evidence of emotional instability.

The Appellant appealed a 90-day administrative driver's licence suspension imposed for failing to provide a breath sample.

She argued that a panic attack rendered her medically unable to comply with the demand.

The Licence Appeal Tribunal found that the Appellant failed to establish on a balance of probabilities that she was unable to provide a sample for a medical reason, noting her ability to converse and concentrate at the roadside and the lack of prior medical history of anxiety.

The suspension was confirmed.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence due to untreated severe obstructive sleep apnea.

The Ministry of Transportation relied on a sleep specialist's report and the Appellant's refusal to use a CPAP machine.

The Licence Appeal Tribunal found that the Ministry failed to prove the condition significantly interfered with the Appellant's ability to drive safely, noting the absence of daytime sleepiness and her clean driving record.

The Tribunal set aside the Registrar's decision to suspend the licence.

The appellant appealed a decision of the Registrar of Motor Vehicles to suspend her driver's licence due to a diagnosis of narcolepsy.

The Registrar relied on the CCMTA Medical Standards for Drivers, which require a 12-month symptom-free period.

The appellant had been symptom-free for just over seven months on medication.

The Tribunal found that the appellant was compliant with treatment, her physician felt she was safe to drive, and she had never experienced sleepiness while driving.

The Tribunal held that the 12-month guideline was not absolute and that the appellant did not suffer from a condition likely to significantly interfere with her ability to drive safely.

The Registrar's decision to suspend the licence was set aside.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical condition report from his family physician indicating cognitive decline and a diagnosis of dementia or Alzheimer's.

The Ministry of Transportation required a full cognitive assessment, which the appellant failed to provide.

The Licence Appeal Tribunal confirmed the suspension, finding no compelling evidence to counter the physician's concerns regarding the appellant's ability to drive safely.

The appellant appealed a decision of the Registrar of Motor Vehicles to suspend her driver's licence due to a medical report indicating uncontrolled narcolepsy.

The appellant argued that her sleep issues were caused by medication timing and that she had not experienced a sleep attack since October 2013.

The Licence Appeal Tribunal confirmed the Registrar's decision, finding that the CCMTA medical standards require a 12-month period of stability without daytime sleep attacks before a suspension can be lifted.

The applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to a medical condition report citing alcohol dependence.

The applicant admitted to consuming alcohol and using prescription opioids for chronic pain.

The Tribunal found that, on a balance of probabilities, the applicant suffers from alcohol dependence that is likely to significantly interfere with his ability to drive safely.

The Tribunal confirmed the Registrar's decision to suspend the licence, noting that a favourable recommendation from an addiction specialist would be required for reinstatement.

The applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical report of a seizure caused by alcohol and drug withdrawal.

The applicant argued he needed his licence for work and had been cleared by his physicians.

The Tribunal found that the applicant had a history of alcohol-related suspensions, admitted to recent alcohol consumption despite medical advice to abstain, and failed to demonstrate an appreciation for the risks involved.

The Tribunal confirmed the Registrar's decision to suspend the licence.

The Applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence due to a medical condition, specifically encephalitis, seizures, and cognitive impairment.

The Applicant's physician indicated uncertainty regarding the Applicant's ability to respond quickly while driving and suggested a driving assessment.

The Applicant failed to provide requested medical information demonstrating stability of his condition.

The Licence Appeal Tribunal confirmed the Registrar's decision, finding that the Applicant had not provided objective information to allay valid road safety concerns.

The applicant appealed a decision by the Registrar of Motor Vehicles to suspend his driver's licence due to concerns about alcohol dependence.

A physician had filed a medical condition report after the applicant sought help for problem alcohol consumption.

The Tribunal found that the Registrar proved on a balance of probabilities that the applicant's alcohol dependence likely interfered with his ability to drive safely.

The decision to suspend the licence was confirmed.

The applicant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence based on a Medical Condition Report indicating alcohol dependence.

The report relied on AUDIT and CAGE scores obtained by the family physician.

At the hearing, evidence showed the initial test answers were provided by the applicant's wife, who had language difficulties and did not fully understand the questions.

The Tribunal found the medical report was based on hearsay and misunderstanding, and the Ministry provided no other objective evidence of alcohol addiction interfering with driving ability.

The appeal was allowed and the suspension was set aside.