8805 v. Registrar of Motor Vehicles, 2014 CanLII 30039

Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE:

2014-06-02

8805/MED

8805 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

Appellant

-and-

Registrar of Motor Vehicles

Respondent

Garry Fisher, M.D., Member

For the Appellant:

Self-represented

For the Respondent:

Sonia De Santis, Agent

Heard by teleconference:

May 27 2014

DECISION AND REASONS

This is an appeal to the Licence Appeal Tribunal (the "Tribunal") by the Appellant 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

The Appellant suffered a grand mal seizure, her first, on September 9, 2013. We know nothing about the circumstances of the event, other than, an ER doctor checked a box on a Form 203 "Seizure(s)-Cerebral". The MTO was thus notified and on September 23, 2013 the license of the Appellant was suspended.

Her neurologist assessed her, including, imaging and, EEGs and reported all negative findings to the MTO. On December 19, 2013, her licence was restored by the MTO. The Appellant was not on any anti-epileptic medication at the time. On January 13, 2014 she had another seizure.

Dr A.M, a neurologist, filed a second Form 203 and the Appellant's licence was again suspended. At that time, she started medication- Keppra -and continues daily medication. She has been seizure free since early January.

ISSUES

Should the decision of the Registrar to suspend the Appellant's licence be confirmed, modified or set aside?

In particular: does the Appellant suffer from a physical condition or disability likely to significantly interfere with her 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 Tribunal has considered the CCMTA Guideline regarding Seizures and Epilepsy, specifically, at chapter 17.6 Guideline for assessment and notes that the stated purpose of allowing time is to assess the cause and to establish the likelihood that;

-a therapeutic drug level has been achieved and maintained

-the drug being used will prevent further seizures

-there are no side effects that will prevent the driver's ability to drive safely

The evidence before the Tribunal is that a drug designed to prevent further seizures has been prescribed and in all likelihood, it will be effective. Therefore, weighing the evidence on a balance of probabilities, the Tribunal finds the Appellant is not suffering from a condition which is likely to significantly interfere with her ability to operate a motor vehicle safely.

DECISION

Upon the application by the Appellant to appeal the decision of the Registrar, of January 29, 2014, to suspend her 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 Appellant;

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 be set aside.

LICENCE APPEAL TRIBUNAL

Garry Fisher M.D., Member

Released: June 2, 2014