Antonino-Antonio Augello v. Minister of Transportation
Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Minister of Transportation to change the class of a driver’s licence under s. 32(5)(b)(i) of the Act
Between:
Antonino-Antonio Augello Appellant
and
Minister of Transportation Respondent
DECISION AND ORDER
ADJUDICATOR: Dr. Erica Weinberg, Member
APPEARANCES:
For the Appellant: Antonino-Antonio Augello, Self-represented Louisa Balaam, work associate
For the Respondent: Sanjay Kapur, Agent
Heard by Teleconference: October 26, 2021 and November 9, 2021
A. Overview:
1Antonino-Antonio Augello (the appellant) appeals the downgrade of his commercial Class AZ driver’s licence under s. 32(5)(b)(i) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (“the HTA”), effective November 25, 2019.
2The issue in this appeal is whether the appellant’s reported medical condition of seizures is likely to significantly interfere with his ability to drive a commercial vehicle safely.
3Several days after the hearing I received a further unsolicited submission from the appellant. I note that this submission was not copied to the respondent. I have read the submission and I find that it contains nothing that would alter my final opinion. I do not require a response from the respondent.
4Having considered all of the evidence and for the reasons that follow, I find that the Minister of Transportation (the “Minister”) has met the burden of establishing on a balance of probabilities, that the appellant’s medical condition of seizures is likely to significantly interfere with his ability to drive a commercial Class AZ vehicle safely.
5Accordingly, I confirm the Minister’s decision to change the class of the appellant’s driver’s licence.
B. ISSUES:
6The issue in this appeal is whether the appellant suffers from seizures, a medical condition likely to significantly interfere with his ability to drive a commercial vehicle safely.
7To answer this question, I will address the following issues:
a. Does the appellant suffer from seizures?
b. Is the appellant’s medical condition, if any, likely to significantly interfere with his ability to drive a commercial Class AZ vehicle safely?
C. LAW:
8Under the HTA the Minister is responsible for ensuring that commercial drivers are medically fit to drive commercial vehicles on the highway. In this case the Minister acted pursuant to s. 32(5)(b)(i) of the HTA and s. 14(1)(a) of O. Reg. 340/94 (the “Regulation”).
9Under s. 14(2)(b) of the Regulation, the Minister may require a driver to provide satisfactory evidence that he or she is able to drive safely.
10A person whose licence is downgraded under these provisions may appeal the downgrade to the Tribunal under s. 50(1) of the HTA.
11On appeal, the Minister has the burden of establishing that the licence should remain downgraded on a balance of probabilities.
12Following a hearing, the Tribunal may, under s. 50(2) of the HTA, confirm, modify or set aside the decision or order of the Minister.
13Section 14(2)(a) of the [Regulation