Appeal under subsection 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
Between:
Ronald Wayne Finucan
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
PANEL: Dr. Peter Savage, Member
APPEARANCES:
For the Appellant: Ronald Wayne Finucan, Self-represented
For the Respondent: Mr Kyle Biel, Agent
Heard by Teleconference: May 13, 2020
REASONS FOR DECISION AND ORDER
A. OVERVIEW
1This is an appeal from a decision of the respondent, the Registrar of Motor Vehicles (the “Registrar”), to suspend the appellant’s class G drivers licence because the appellant suffers from cognitive impairment of unknown etiology. The appellant was notified of the suspension by a letter from the Registrar dated November 5, 2019.
B. ISSUE
2The legal issue for the Tribunal to determine is whether the appellant suffers from a medical condition, specifically, cognitive impairment, which is likely to significantly interfere with his ability to drive safely.
C. CONCLUSION
3For the reasons that follow, the Tribunal finds that the respondent does suffer from a medical condition likely to significantly interfere with his ability to drive and affirms the decision by the Registrar to suspend the appellant’s class G driver’s licence.
D. LAW
4The Registrar has the authority under s.47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”), to suspend or cancel a driver’s licence for any grounds listed in paragraphs (d), (e), (f) or (g) of that section. Paragraph (g) states that a licence maybe suspended for “any other sufficient reason not referred to in clause (d), (e), or (f).”
5One sufficient reason to suspend a driver’s licence under s.47(1)(g) of the HTA is that the driver suffers from a medical condition or addiction likely to significantly interfere with his or her ability to drive safely.
6Subsection 14(1)(a) of O. Reg. 340/94 enacted under the HTA requires that a holder of a driver’s licence must not suffer from “any…physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely.”
7Section 14(2)(a) of O. Reg. 340/94 allows the Registrar to consider the CCMTA Medical Standards for Drivers when determining whether the requirements of s. 14(1) are met. The CCMTA standards are not binding on the Minister of Transportation or on this Tribunal.
8The Registrar has the burden of establishing on a balance of probabilities that one or more grounds for suspending a driver’s licence has been made out.
9Pursuant to section 50(2) of the HTA, after a hearing, the Tribunal may confirm, modify or set aside the decision or order of the Registrar.
E. THE EVIDENCE AND SUBMISSIONS
10The agent for the Registrar reviewed the sections of the Highway Traffic Act that the Ministry followed to suspend the appellant’s G licence. The agent drew our attention to the section of the act that gave the Ministry power to request information about a condition that may affect the appellants ability to drive. These facts were included in Exhibit number 2, the Respondent’s submission.
11The Registrar received an unsolicited medical report dated October 21, 2019 from Dr. Jay Taylor, the appellant’s family doctor. This report stated the appellant had or appeared to have a disorder resulting in cognitive impairment. The report went on to say that the cognitive impairment affected attention, judgement and problem solving. It also said it would affect reaction time and visuospatial perception. Dr. Taylor went on to say the cause was unknown and he noted at the end of the form “significant impairment in cognition/judgement. Unclear of reason currently (under investigation)”
12The Registrar sent a letter to the appellant November 5, 2019 informing him of the report and suspending his G driver licence. The letter included a cognitive impairment questionnaire to be filled out by his health care provider.
13The agent for the Registrar pointed out that no further Medical evidence had