Kevin Flynn MD

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical report of a single seizure.

The seizure was provoked by low serum calcium due to end-stage renal failure.

The Tribunal found that the provoking factor had been corrected with treatment and that the Appellant did not have epilepsy.

Applying the CCMTA guidelines for provoked seizures with no structural abnormality, the Tribunal concluded the Appellant did not suffer from a condition likely to significantly interfere with his ability to drive safely and set aside the suspension.

The appellant, a commercial bus driver, suffered a grand mal epileptic seizure while driving a public transit bus.

The Minister of Transportation suspended her driving privileges and subsequently reinstated her Class 'G' licence but downgraded her commercial licence, requiring a five-year seizure-free period for reinstatement.

The appellant appealed the downgrade to the Licence Appeal Tribunal.

The Tribunal confirmed the Minister's decision, finding that the appellant suffers from a physical condition likely to significantly interfere with her ability to drive a commercial motor vehicle safely, and that a seizure-free period of less than 12 months was insufficient to deviate from the CCMTA guidelines.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence under section 47(1) of the Highway Traffic Act following a medical report indicating an unstable psychiatric condition and drug misuse.

The Licence Appeal Tribunal reviewed medical evidence, including a recent report from the Appellant's psychiatrist confirming her condition had stabilized and she was compliant with her treatment regimen.

The Tribunal found the Appellant met the CCMTA Guideline 14.6.1 for psychiatric disorders and was not suffering from a condition likely to significantly interfere with her ability to drive safely.

The appeal was allowed and the Registrar's decision was set aside.

The Appellant appealed the Registrar of Motor Vehicles' decision to downgrade his commercial driver's licence to a Class 'G' licence following a medical suspension.

The suspension was initiated after the Appellant suffered a single seizure provoked by a stroke and was prescribed anti-convulsant medication.

The Licence Appeal Tribunal found that the Appellant did not meet the medical standards for a commercial licence because he had not been seizure-free off medication for 12 months.

The Tribunal confirmed the Registrar's decision, noting that the Appellant could seek reinstatement once he provided medical evidence of being seizure-free for 12 months without medication.

The appellant appealed a driver's licence suspension imposed by the Registrar of Motor Vehicles under section 47(1) of the Highway Traffic Act following a medical report indicating alcohol dependence and abuse.

The appellant had been hospitalized for acute alcoholism and diagnosed with cirrhosis of the liver.

Although the appellant claimed to have abstained from alcohol for six months, he failed to provide medical confirmation of abstinence, successful completion of a treatment program, or a relapse prevention plan.

The Licence Appeal Tribunal found that the appellant was addicted to alcohol to an extent likely to significantly interfere with his ability to drive safely and confirmed the suspension.

The Appellant, an 80-year-old retired police officer, appealed the Registrar's decision to suspend his driver's licence due to a report of cognitive impairment from his family physician.

The physician submitted a Medical Condition Report after the Appellant scored 19/30 on a MOCA test administered by an assistant.

The Tribunal found that the Appellant had recently passed the Ministry's Senior Driver screening and that the MOCA test alone, without a complete physical examination or details of the failed sections, provided insufficient grounds for a diagnosis of dementia.

The Tribunal set aside the suspension, finding no evidence that the Appellant's condition significantly interfered with his ability to drive safely.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend his commercial driver's licence following a report of a possible seizure.

The Appellant had been found unresponsive by his daughter, but subsequent neurological assessments, including an EEG, CT scan, and MRI, were normal and did not result in a definitive diagnosis of epilepsy or seizure.

The Licence Appeal Tribunal found that the evidence did not support a finding that the Appellant suffered from a condition likely to significantly interfere with his ability to drive safely.

The suspension was set aside.

The Appellant appealed a decision by the Minister of Transportation to downgrade his commercial AZ driver's licence to a Class G licence following medical reports of two seizures.

The national medical guidelines for commercial drivers diagnosed with epilepsy require a five-year seizure-free period.

The Appellant had been seizure-free for approximately 17 months.

The Licence Appeal Tribunal confirmed the downgrade, finding that the Appellant suffered from a condition likely to significantly interfere with his ability to drive a commercial motor vehicle safely and that insufficient time had passed to deviate from the medical guidelines.

The Appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence under section 47(1) of the Highway Traffic Act due to a reported psychiatric condition.

The suspension followed an incident where police apprehended the Appellant under the Mental Health Act after a citizen complained of erratic driving and the Appellant refused to identify herself while standing on a sidewalk wearing a mask.

The Licence Appeal Tribunal found insufficient medical evidence of psychosis or a personality disorder that would justify a suspension, noting that attending psychiatrists did not make a diagnosis of a mental condition and discharged her with no safety concerns.

The Tribunal set aside the Registrar's decision.

The appellant appealed a 90-day Administrative Driver's Licence Suspension imposed after he failed to provide a suitable breath sample.

The appellant argued he was unable to comply with the demand due to asthma and stress-related anxiety.

The Tribunal found that the appellant failed to provide medical evidence of respiratory dysfunction that would preclude his ability to comply, noting he did not request his inhaler or medical assistance at the time.

The appeal was dismissed and the suspension confirmed.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence for six months following a shock from his implanted defibrillator.

The appellant requested a reduced suspension of five months to allow him to drive to a pre-booked vacation.

The Licence Appeal Tribunal confirmed the suspension, finding that the appellant suffered from a medical condition likely to significantly interfere with his ability to drive safely, in accordance with national medical standards.

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

She argued that her severe asthma and anxiety prevented her from providing a satisfactory sample despite 12 attempts.

The Tribunal preferred the police evidence and the respondent's medical consultation report, finding that a history of asthma alone does not justify a refusal without a pulmonary function test confirming an inability to provide a sample.

The suspension was confirmed.

The appellant's driver's licence was suspended after he collapsed and was hospitalized with opioids in his blood, prompting a medical condition report.

The Registrar required a Substance Abuse Assessment and confirmation of three months of mental stability, which the appellant failed to provide.

The Licence Appeal Tribunal confirmed the suspension, finding that the appellant suffers from a mental condition and drug addiction likely to significantly interfere with his ability to drive safely, and that the Registrar's requirements for reinstatement were justified.

The appellant appealed a 90-day administrative driver's licence suspension imposed after he failed to provide a breath sample.

The appellant argued he was unable to provide a sample due to a medical condition, specifically a long uvula, and provided a doctor's note.

The Licence Appeal Tribunal found the police officer's testimony credible that the appellant was obstructing the breathalyzer tube with his tongue.

The Tribunal concluded the medical note did not establish a rational medical basis for the inability to provide a sample and confirmed the suspension.

The appellant appealed a decision by the Minister of Transportation to downgrade his Class 'AC' commercial driver's licence to a Class 'G' licence following the insertion of an implantable cardioverter defibrillator (ICD).

The Ministry's Medical Advisory Committee recommended the downgrade.

However, the appellant's treating cardiologist provided evidence that the appellant's condition was stable, his left ventricular function had improved, and his annual risk of sudden incapacitation was less than 1%.

The Licence Appeal Tribunal found that the appellant met the Canadian Council of Motor Transport Administrators medical standards for commercial drivers with an ICD.

The Tribunal set aside the Minister's decision, finding the appellant did not have a medical condition likely to significantly interfere with his ability to drive safely.

The appellant appealed a 90-day administrative driver's licence suspension imposed after she failed to provide a breath sample upon demand.

She argued that she was unable to comply for medical reasons, specifically vertigo and anxiety stemming from a past ear surgery.

The Licence Appeal Tribunal dismissed the appeal, finding that the medical evidence provided by a physician who had not treated her in 15 years failed to establish a rational connection between her condition and an inability to blow into the test device.

The suspension was confirmed.

The appellant appealed the Minister of Transportation's decision to downgrade his commercial driver's licence to a Class G licence due to a cardiac condition.

The appellant had an implantable cardioverter defibrillator (ICD) inserted for primary prophylaxis.

The Medical Advisory Committee recommended denying reinstatement of the commercial licence.

The Licence Appeal Tribunal found that the appellant met the National Medical Standards for a commercial licence, as his ejection fraction was 39%, his annual risk of sudden incapacitation was less than 1%, and he had no symptoms of arrhythmia since the ICD insertion.

The Tribunal set aside the Minister's decision.

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

The suspension was based on a medical condition report citing cognitive impairment after the appellant failed three on-road evaluations.

Medical evidence subsequently confirmed the appellant did not suffer from cognitive impairment or depression.

The Licence Appeal Tribunal found that the Registrar erred in issuing a suspension based on cognitive impairment, as there was no evidence supporting that diagnosis.

The Tribunal set aside the Registrar's decision, noting that while the Registrar may have had grounds to suspend based on the failed evaluations, the suspension for cognitive impairment was unjustified.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend her driver's licence under section 47(1) of the Highway Traffic Act following a Medical Condition Report indicating alcohol and drug dependence.

The Licence Appeal Tribunal found that the Registrar was justified in issuing and continuing the suspension, as the appellant had a history of relapses and was addicted to alcohol to an extent likely to significantly interfere with her ability to drive safely.

The appeal was dismissed and the suspension confirmed, though the Tribunal noted the appellant could be considered for reinstatement upon providing satisfactory medical evidence of abstinence.

The appellant's driver's licence was suspended by the Registrar of Motor Vehicles after an emergency room physician submitted a medical condition report regarding an episode of hypoglycemia.

The appellant appealed the suspension to the Licence Appeal Tribunal.

The Tribunal found that the appellant's hypoglycemic episode was not 'severe' as defined by the CCMTA guidelines, noting he remained lucid and the episode was caused by mistakenly skipping a meal.

Finding that the appellant's condition did not significantly interfere with his ability to drive safely, the Tribunal set aside the Registrar's decision to suspend the licence.