J.C. v. Registrar of Motor Vehicles, 2018 CanLII 54784

Licence Appeal Tribunal

Date: 2018-03-12

Appeal under Section 50.1(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 48.3.1 of that Act - to Suspend a Licence.

Between:

J.C.

Appellant

and

Registrar of Motor Vehicles

Respondent

ORDER

ADJUDICATOR: Jeanie Theoharis, Vice Chair

DATE: March 12, 2018

ORDER

1On February 5, 2018, the appellant appealed a 90-day suspension of his driver’s licence effective January 9, 2018. The appellant’s driver’s licence was suspended as a result of an officer’s belief that the appellant’s ability to operate a motor vehicle was impaired by a drug, or by a combination of a drug and alcohol.

2The hearing of the appeal in this matter was scheduled for March 28, 2018. The Tribunal was advised on March 7, 2018 that the respondent, after reviewing the circumstances of the suspension, is now satisfied that the appellant had a combination of medical conditions that likely affected his ability to perform many of the mechanical tasks that were required of him during the assessment done under the Criminal Code (Canada) to determine if his ability to operate a motor vehicle was impaired at the time.

3The respondent concluded that the public’s interest in road safety does not require that this appeal be opposed, and therefore consents that the appeal be allowed and the suspension be set aside.

4Therefore, on the consent of the parties, and pursuant to s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 and s. 50.1() of the Highway Traffic Act, I order that the suspension be set aside.