Driver's licence suspension set aside as Registrar failed to prove alcohol use disorder significantly impaired driving.
The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence under section 47(1) of the Highway Traffic Act due to a reported alcohol use disorder.
The Tribunal found that while the appellant suffered from mild to moderate alcohol use disorder, the Registrar failed to prove on a balance of probabilities that the disorder was likely to significantly interfere with his ability to drive safely.
The appellant had been abstinent for seven months, had an excellent driving record, and the initial medical report querying an alcohol withdrawal seizure was unsubstantiated.
The appeal was allowed and the licence suspension was set aside.
OLATOntario Licence Appeal TribunalOct 20, 2021