Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-03-11
FILE:
7845/MED
CASE NAME:
7845 v. Registrar of Motor Vehicles
Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a Decision of the Registrar of Motor Vehicles Pursuant to Section 47(1) of that Act - to Appeal a Suspended Licence
Applicant
Applicant
-and-
Registrar of Motor Vehicles
Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR:
Kevin Flynn
APPEARANCES:
For the Applicants:
self-represented
For the Respondent:
Sonia De Santis
Heard in Thunder Bay
March 8, 2013
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal by the Applicant respecting a decision of the Registrar of Motor Vehicles (the “Registrar”) pursuant to section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
The hearing commenced on February 8, 2013 and adjourned to March 8, 2013 in order to allow the Applicant time to obtain further medical information.
FACTS
The Respondent’s Evidence
A Medical Report was completed on July 28, 2006 by a physician, Dr. B. for the purpose of renewal of a Class DF licence.
The condition was identified as
Seizure(s) - Cerebral
In the History section the physician noted:
August 2005: had a seizure/convulsion. Seen by Dr. H, neurologist, Complete work-up all normal. Did not require medication. No history of (illegible) seizures. Has his licence.
On February 2, 2007 his licence renewal was approved.
On June 5, 2012 a Medical report was completed by Dr. B. for renewal of a Class DF licence. All items on the report form were noted to be normal.
On October 22, 2012 a Medical Condition Report in compliance with Section 203 of the Act was completed by a neurologist, Dr. S. The report stated:
Seizures – cerebral
54 year old male with a witnessed generalised tonic clonic seizure, query of being sleep deprived
Patient is aware of this report.
A CT scan of the brain on October 22 was reported as normal.
An MRI study on November 2, 2012 showed no evidence of intracranial abnormality
An EEG on November 7, 2012 was reported as normal.
The Registrar notified the Applicant on November 23, 2012 that his driving privileges were suspended under Section 47(1) of the Act.
In order to be reinstated he was requested to take the letter of suspension to his physician when his condition was improved. An enclosed form, ‘’Epilepsy and Seizures’’ was required to be completed.
On December 5, 2012 the neurologist, Dr S. completed the ‘’Epilepsy and Seizures” form as follows:
Latest seizure less than 3 months ago
Generalised tonic-clonic or Grand Mal
Previous seizure more than 5 years ago. No other seizures since 2005
Patient had only one seizure in October, 2012. Prior to that had a seizure in 2005.
Sleep deprived EEG does not show signs of epileptiform activity
Imaging test was abnormal and will follow up in 6 months.
Patient had single unprovoked seizure with loss of consciousness
Latest episode less than three months ago
EKG was done
His seizure was not related to alcohol or illicit drugs.
No diagnosis of substance dependence
No diagnosis of alcohol abuse
Not attending counselling for addiction treatment
No attending relapse prevention program
Mental health assessment not conducted
He does not carry the psychotic diagnosis
His present condition is stable
He never had a pseudo seizure
No treatment initiated. He did not start Keppra 750 mg bid.
The seizure was unprovoked
Single unprovoked generalised tonic clonic seizure on October 22, 2012; prior to that had one seizure in 2005.
On December 27, 2012 the Registrar notified the Applicant that his driving privilege would remain under suspension.
In order to be reinstated he must provide confirmation that he has remained seizure-free for a period of six months; that he has remained compliant with treatment if prescribed and has insight into his condition.
On January 18, 2013 the Registrar informed the Applicant that it had been decided to continue the suspension of his driver’s privileges. The Registrar informed the Applicant that he no longer met the National Medical Standards for a commercial