Tribunal reinstates paramedic's Class F licence despite ICD implant, finding risk of incapacitation extremely low.
The appellant, a paramedic, appealed the Minister of Transportation's decision to downgrade her Class F driver's licence to a Class G licence due to an implantable cardioverter-defibrillator (ICD) implanted following a cardiac arrest.
The Minister relied on CCMTA standards which state commercial drivers are ineligible for a licence with an ICD.
The Tribunal found that the appellant's risk of sudden incapacitation was very low (less than 1%), she had no recurrences since the implant, and her cardiologists supported her fitness to work.
The Tribunal preferred the Canadian Medical Association directives allowing individual assessment for low-risk patients over the strict CCMTA standards.
The Tribunal set aside the Minister's decision and reinstated the Class F licence.
The appellant's request for costs was denied.
OLATOntario Licence Appeal TribunalOct 12, 2023