K. Livingstone

The appellant appealed the administrative suspension of his driver's licence under s. 48.3.1 of the Highway Traffic Act, which was imposed after a Drug Recognition Evaluation (DRE) concluded his ability to drive was impaired by drugs.

The appellant argued that his poor performance on the physical tests was due to diabetic neuropathy, not impairment from his prescribed medications (morphine, Percocet, pregabalin).

The Licence Appeal Tribunal accepted the medical evidence from the appellant's family doctor confirming his neuropathy and chronic opioid use, and found the appellant's testimony credible.

The Tribunal concluded that the appellant's ability to drive was not impaired by a drug and that his medical condition impaired his performance on the evaluation.

The suspension was set aside.

The appellant appealed the Registrar of Motor Vehicles' decision to downgrade her commercial driver's licence to a G class licence on medical grounds following a seizure.

The Licence Appeal Tribunal found that while the appellant suffers from a partial complex seizure disorder, she has been seizure-free for over 20 months, is compliant with her medication, and has the support of her treating specialist.

The Tribunal concluded that her condition is not likely to significantly interfere with her ability to drive a commercial vehicle safely.

The appeal was allowed and the commercial licence was reinstated.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence on medical grounds following a hospital admission for a heart condition.

The Registrar argued the appellant's implantable cardioverter defibrillator shock warranted a six-month suspension under medical standards.

The Licence Appeal Tribunal found no evidence of sustained ventricular tachycardia or an impaired level of consciousness that would require a suspension.

The Tribunal concluded the appellant's medical condition was not likely to significantly interfere with his ability to drive safely and set aside the licence suspension.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence following a medical condition report indicating acute psychosis.

The appellant argued his condition was stable and attributed the episode to a vaccine reaction, while his treating psychiatrist noted a history of substance use disorder and medication non-adherence.

The Licence Appeal Tribunal confirmed the suspension, finding that the appellant suffers from a mental and substance use disorder likely to significantly interfere with his ability to drive safely, and agreed with the Registrar that further medical information and a longer period of stability were required.

The appellant appealed the Registrar of Motor Vehicles' decision to suspend his driver's licence on medical grounds due to cognitive impairment.

The Registrar based the suspension on medical reports and a functional driving assessment indicating deficits in the appellant's driving skills.

The Licence Appeal Tribunal found that the appellant suffers from cognitive impairment that is likely to significantly interfere with his ability to drive safely, and confirmed the Registrar's decision to suspend the licence.

The appellant appealed the 45-day impoundment of his vehicle under section 55.1 of the Highway Traffic Act for driving while his licence was suspended.

The appellant argued he did not receive notice of the suspension, exercised due diligence, and that the impoundment would cause exceptional hardship.

The Licence Appeal Tribunal dismissed the appeal, finding the licence was suspended, the appellant failed to exercise due diligence given his knowledge of other suspensions, and he did not establish that the impoundment posed a threat to health and safety.

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

The suspension followed an unsolicited Medical Condition Report from an emergency room physician indicating the appellant suffered an alcohol withdrawal seizure.

The Licence Appeal Tribunal found that the appellant suffered from an unaddressed substance use disorder that was likely to significantly interfere with his ability to safely operate a motor vehicle.

The appeal was dismissed and the licence suspension was confirmed.