Licence Appeal Tribunal
Appeal en matière de permis
FILE: 8199/MED
CASE NAME: 8199 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 Suspend a Licence
Applicant: 8199
-and-
Respondent: Registrar of Motor Vehicles
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Garry Fisher, M.D., Member
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Kyle Biel
Heard in Toronto: July 30, 2013
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal (the "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").
FACTS
From the Registrar
The Registrar of the Ministry of Transportation (MTO) received a letter dated May 3, 2013, from Dr. S.C.: "pursuant to section 203 of the Highway Traffic Act, I am reporting (the Applicant) who experienced an alcohol related seizure on April 30 2013, and presented at our hospital. He has exhibited signs of alcohol withdrawal and dependence. The patient has been under my care for one day, and this report is based on an examination from today May 3 2013. The patient is aware of this report being sent to the (MTO)."
In addition a form 203 was filled out with "Alcohol dependence" and "Seizure(s)-Alcohol related" checked off and signed by Dr. S.C.
June 12 2013, the MTO wrote the Applicant under section 47(1) of the Highway Traffic Act, informing him that his driver licence was suspended.
The MTO saw the clear reference to alcohol-related problems and forwarded substance-abuse assessment forms and advice on rehabilitation.
An undated letter from Dr. S.C. was received by the MTO on July 3, 2013. The phrases of note are as follows:
- (The Applicant) was initially assessed in the emergency department with "seizures."
- Based on information conveyed by his parents.....seizures attributed to alcohol withdrawal.
- The Applicant denied drinking and two blood alcohol tests were negative. MCV, AST and ALT were all normal.
- Further investigation lead to a consultation with Dr. B., neurologist, a lumbar puncture and the finding of cerebral spinal leukocytosis (CSF infection).
- "initial seizures" may have been caused by an infection.
- The Applicant did meet with a CAMH counsellor who did not see the need for any addiction counselling program.
From the Applicant
The Tribunal was aware from the beginning of its review that very little medical evidence was available. No definitive medical notes were provided.
The Tribunal would have preferred to proceed with notes from treating physicians, but the Applicant, feeling that he had been unjustly dealt with by the system, wanted to get on with the hearing.
We therefore rely on the sworn testimony of the Applicant. The sole note from a doctor came from a hospitalist who did not witness "seizures" and who admitted that he erred in the original diagnosis of alcohol-dependence.
The Applicant was in hospital for 18 hours, released, taken to another suburban hospital, transferred back to the first hospital and kept in about three weeks before he was well enough to be discharged. His ultimate saviour was Dr. B, (described by the Applicant as a neurosurgeon – in fact a neurologist) who saw him in consultation, did the lumbar puncture and treated him for meningitis.
He is able to see the neurologist at the very earliest for follow up in August. Medical records are however readily available at hospitals and he could have, with advice, obtained clarifying notes.
The Applicant is a self-employed, fit looking, 42 year old man, who is happy to be well again, but exhibiting obvious displeasure at the fact that his licence had been suspended for clearly flawed reasons.
ISSUES
Should the decision of the Registrar to suspend the Applicant's licence be confirmed, modified or set aside?
In particular:
Is the Applicant addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his ability to drive a motor vehicle safely?
LAW
O. Reg. 340/94, Section 14 states:
(1) An applicant for or a holder of a driver's licence must not,
(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; or
(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.
(2) In determining whether an applicant for or a holder of a driver's licence of any class meets the qualifications described in subsection (1), the Minister,
(a) may take into consideration the relevant medical standards for applicants or holders of that class of driver's licence set out in the CCMTA Medical Standards for Drivers; and
(b) may require the applicant or holder to provide evidence satisfactory to the Minister that he or she is able to drive a motor vehicle of the applicable class safely, including,
(i) any reports of examinations under section 15, and
(ii) any additional medical information.
Section 47(1) of the Act gives the Registrar the power to suspend or cancel a driver's licence on the ground(s) set out in section 14 (1) of the Regulation set out above.
Section 50 of the Act states:
50 (1) Every person aggrieved by a decision of the Minister made under subsection 32(5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.
(2) The Tribunal may confirm, modify or set aside the decision of the Minister or the Registrar.
APPLICATION OF THE LAW TO FACTS
The question of alcohol dependence has been answered clearly. The Applicant does not have alcohol dependence. His licence to drive was removed on that basis.
He appears fully recovered after treatment from a CSF infection.
Weighing the evidence on a balance of probabilities, the Tribunal finds the Applicant is not suffering from a condition which is likely to significantly interfere with his ability to operate a motor vehicle safely.
DECISION
Upon the application by the Applicant to appeal the Registrar's decision dated June 12, 2013, to suspend his driver's licence pursuant to section 47(1) of the Act, and having considered the evidence filed with the Tribunal, and the submissions of the Registrar and of the Applicant;
IT IS THE DECISION OF THE TRIBUNAL pursuant to the authority vested in it under Section 50(2) of the Act that the decision of the Registrar set aside.
LICENCE APPEAL TRIBUNAL
Garry Fisher, M.D., Member
Released: August 7, 2013