Licence Appeal Tribunal
FILE: 10517/MED
CASE NAME: 10517 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: 10517
-and-
Respondent: Registrar of Motor Vehicles
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Kevin Flynn, M.D., Member
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Sanjay Kapur, Agent
Heard in by teleconference: November 30, 2016
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
Evidence for the Respondent
A Medical Condition Report was completed on August 11, 2016 by Dr. H., neurologist, based on an examination on the same date, in compliance with section 203 of the Act. This report stated:
- The condition reported: Seizure(s)-Cerebral
- Patient had what is most likely to be a generalized tonic clonic seizure on July 17, 2016
- Patient is aware of this report.
Section 203 of the Act requires all legally qualified medical practitioners to report to the Registrar any patient, sixteen years of age or older, the name, address and clinical condition of the person who is suffering from a medical condition that may make it dangerous for the person to operate a motor vehicle.
The Registrar informed the Appellant on August 11, 2016 that following receipt of a report of a seizure, 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 requested to take the letter of suspension to his physician and have the enclosed Epilepsy and Seizures Form completed and forwarded to the Medical Review Section.
On October 5, 2016, Dr. H. completed the form, based on his involvement with the Appellant since August 2016. In summary, the assessment stated:
- Age 38
- Primary medical condition: Seizure(s), approximately 3 months ago
- Generalized tonic/clonic or Grand Mal, first seizure
- EEG not required
- Imaging test was normal
- Alcohol or drug withdrawal involved, seizure was due to alcohol withdrawal
- He has been assessed for alcohol and drug dependence and abuse
- Abstained for approximately 2 months and attending counselling for addiction treatment and relapsed program.
- Biochemical markers normal except elevated GGT
- Urine toxicology not required
- Adherent to treatment program and no pattern of non-adherence
- Provoking factor has resolved.
A letter was attached confirming admission to an inpatient treatment program on September 12, 2016, with projected discharge on October 24, 2016. Regular breathalyzer and urine testing was being performed and the urine was negative for alcohol.
On October 17, 2016, the Registrar requested that the Appellant forward the following information:
- Confirmation that he has remained seizure free and abstinent from alcohol for a period of one year
- The results of recent bio-chemical markers (MCV, GGT, AST and ALT) with a clinical explanation for any levels outside the normal laboratory range.
On October 26, 2016, Dr. H. wrote to the Ministry the following, summarized by the Tribunal:
- Difficult to determine if the episode of brief