Licence Appeal Tribunal
FILE: 8821/MED
CASE NAME: 8821 v. Minister of Transportation
Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a Decision of the Minister of Transportation pursuant to Section 32(5)(b)(i) - to Change the Class or Classes of Motor Vehicles in Respect of Which the Licence was Issued
8821 Appellant
-and-
Minister of Transportation Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Kevin Flynn M.D., Member
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Sonia de Santis, Agent
Heard by teleconference: June 4, 2014
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal (the “Tribunal”) by the Appellant respecting a decision of the Minister of Transportation (the “Respondent”) pursuant to Section 32(5)(b)(i) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
FACTS
The Respondent’s Evidence
On December 18, 2013, the Ministry received notice, in compliance with section 203 of the Act, of the Appellant’s admission to hospital, signed by Dr. S, an internist, based on examination the same date.
The condition reported was:
Blackout or Loss of Consciousness or Awareness.
Patient is aware of this report
On December 23, 2013, the Registrar informed the Appellant that as a result of a report of Syncope/Loss of Consciousness it had been decided to suspend his driving privilege under section 47(1) of the Act.
In order to be considered for reinstatement he was required to take the letter of suspension to his physician and have the following information sent to the Medical Review Section:
- A description of this and any previous history
- Confirmation that the cause has been determined and successfully treated
- Date of last episode
A Medical Condition Report was completed by a Neurologist, Dr. G., on December 19, 2013 based on an examination on the same date. The condition was reported as:
Seizure-Cerebral ?
Blackout or Loss of consciousness or Awareness
Episode of loss of awareness ? loss of consciousness on December 18, 2013
Under investigation for seizure vs Cardiac cause.
EEG and MRI Normal. For further evaluation.
He drives as occupation.
On January 13, 2014, the Registrar informed the Appellant that following review of the filed report it had been decided that the suspension should remain.
He was requested to have an Epilepsy and Seizure Form completed.
This form was completed by the Appellant’s neurologist, Dr. G., on January 30, 2014. The report stated:
Primary medical condition: Syncope/Loss of consciousness. Unknown or unwitnessed event.
One episode.
Holter/ECG: normal
Underlying cause not identified.
No medication prescribed.
Patient is compliant with treatment and has appropriate insight of his condition and functional ability to drive.
This patient had an unwitnessed loss of consciousness on December 18, 2013.
No significant prodrome or post-event effects
Holter monitor, EEG, Sleep-deprived EEG x 2: all normal
No recurrence, Neurological exam and MRI of brain normal.
His Class ‘G’ licence was reinstated on February 10, 2014.
In order to be considered for Class ‘A’ reinstatement, the Appellant was advised that he must submit a report confirming that he has been free from further episodes of syncope for a period of twelve months.
His family physician, Dr. D’A. wrote to the Registrar on April 18, 2014, stating:
“He has had no further episodes since December 18, 2013. He has made good lifestyle changes by not working long hours, has improved his sleep hygiene and improved his diet.
He has been fully investigated (by Dr. G., neurologist) with no pathology found.”
On May 12, 2014, the Registrar informed the Appellant that previously requested information had not been received. He was requested to submit a report with a diagnosis/cause for the reported syncope episode and confirmation that his condition has been successfully treated or confirmation that he has remained free from further episodes for a period of one year.
Reports of tests were submitted, all were reported as normal. These included:
21 January 2014: EEG