Dani Herea v. Registrar of Motor Vehicles, 2021 CanLII 37857

Date: 2021-05-05

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 s. 47(1) of the Act to Suspend a Licence

Between:

Dani Herea

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION AND ORDER

Panel: Dimitri Louvish, M.D., Adjudicator Laura Hodgson, Adjudicator

Appearances:

For the Appellant: Dani Herea, self-represented

For the Respondent: Stephen Grootenboer, Agent

Heard by teleconference: April 23, 2021

REASONS FOR DECISION AND ORDER

Overview:

1The Registrar of Motor Vehicles (the “Registrar”) suspended the appellant’s licence following the receipt of a medical report indicating that the appellant suffered from a substance use disorder (alcohol). The Registrar requested the appellant have a Substance Use Assessment Form completed by a medical practitioner. The appellant has not yet submitted this form.

2At the outset of the hearing, the appellant was asked if he required an adjournment so that he could provide the requested Substance Use Assessment Form. The appellant indicated that he wanted to proceed with the appeal.

3Based on the evidence available, the Tribunal finds that the appellant suffers from a medical condition (substance use disorder) that is likely to interfere with his ability to drive. The suspension is confirmed.

FACTS

4The appellant’s licence has previously been suspended because of substance use and mental health issues. It was reinstated in March 2019. On July 3, 2020, an emergency room physician notified the Registrar that the appellant appeared to have an uncontrolled substance (alcohol) use disorder. Section 203 of the Highway Traffic Act, R.S.O. 1990, c. H 8 (the “HTA”) requires all medical practitioners to report any person who is suffering from a condition which may make it dangerous for that person to drive.

5On August 5, 2020, the Registrar notified the appellant that his licence was suspended due to alcohol use disorder. The letter details that, for licence reinstatement to be considered, completion of a Substance Use Assessment Form by a treating physician, specialist or nurse practitioner is required.

6In the respondent’s submission, until the appellant provides the requested support for his licence reinstatement, his licence should remain suspended. The respondent indicates that the suspension is supported by the medical evidence, the HTA and the CCMTA Medical Standards for Drivers.

7In the appellant’s view, he was unfairly diagnosed with a substance use disorder. He has little recollection of his July 3, 2020 visit to the emergency room. He indicated that the police were present, and he was handcuffed as he had been arrested for assault. The appellant denied being intoxicated but believes that he may have been holding a beer when arrested.

8The appellant acknowledges that the requested assessment has not yet been completed. The appellant advised the Board that, while he has a family physician whom he sees regularly, she is not willing to complete the Substance Use Assessment form and referred him to an alcohol treatment program. A psychiatrist, whom the appellant dealt with regarding a prior suspension, will no longer accept him as a patient due to his policy of not accepting patients with substance use issues. The appellant denies having a substance use disorder. He finds the process unfair and is unclear why it is necessary to go to “great lengths” to justify that he does not have a substance use disorder.

Law & Analysis

9The purpose of the licence provisions of the HTA is to “protect the public.” Section 31 (a) describes that one of the ways this is done is by ensuring that:

31(a) the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely.

10Ontario Regulation 340/94 is a regulation made under the HTA that deals specifically with drivers’ licences:

14(1) An appellant for or a holder of a driver’s licence must not,

b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.

11Section 14(2) of the Regulation allows the Minister of Transportation to consider the Canadian Council of Motor Transport Administrators (“CCMTA”) Medical Standards for Drivers when determining whether the requirements of 14(1) are met. Similarly, the Tribunal may take the CCMTA Medical Standards for Drivers into consideration, although the Tribunal is not bound by them.

12The Registrar may also require a driver to provide satisfactory evidence pursuant to s. 14(2)(b) of the Regulation that he or she is able to drive safely. Section 15(1.1) makes it a condition of a driver’s licence that the holder submit to any examinations as directed by the Registrar under the legislative scheme. The Tribunal considers to what extent the driver has satisfied requests by the Registrar for information, testing or other evidence regarding their ability to drive safely.

13The medical evidence currently before the Tribunal establishes that the appellant has a substance (alcohol) use disorder. While the appellant strongly disagrees with this, he has not provided the requested medical information or any evidence to dispute this diagnosis.

14Based on the information available, the Tribunal finds, on a balance of probabilities, that the appellant has a substance use disorder. As noted in the CCMTA, alcohol impairs a driver’s judgement, reflex, control and behaviour. The Tribunal finds that the appellant’s substance use disorder is likely to interfere with his ability to drive a motor vehicle safely. The Registrar’s decision to suspend the appellant’s licence is confirmed.

15The appellant is encouraged to follow the process outlined by the Registrar in its letter dated August 5, 2020 in order to regain his licence.

ORDER

16Pursuant to the powers of this Tribunal under s. 50(2) of the HTA, the Registrar’s decision to suspend the appellant’s driver’s licence is confirmed.