John Reda v. Registrar of Motor Vehicles, 2021 CanLII 64249

Date: 2021-07-20

Tribunal File Number: 13280/MED

Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a decision of the Minister of the Registrar of Motor Vehicles to suspend a licence pursuant to Section 47(1) of the Act.

Between:

John Reda

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION AND ORDER

Panel: Katie Awad, M.D., Member Laura Hodgson, Member

Appearances:

For the Appellant: Self-represented

For the Respondent: Sonia De Santis, Agent

Heard by Teleconference: July 7, 2021

REASONS FOR DECISION AND ORDER

Overview:

1This is an appeal from the decision of the respondent, Registrar of Motor Vehicles, to suspend the appellant’s motor vehicle licence on medical grounds. The decision to suspend was made following receipt of a medical report indicating the appellant’s ability to safely drive a vehicle was impacted by a psychiatric condition.

2The issue on this appeal is whether the appellant suffers from a medical condition that is likely to significantly interfere with his ability to drive safely.

3Having considered all of the evidence and for the reasons that follow, the Tribunal finds that the appellant does suffer from a medical condition that, at this time, is likely to significantly interfere with his ability to drive safely. The Tribunal confirms the Registrar’s decision to suspend the appellant’s license for medical reasons.

LAW

4The Registrar has the power 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. One reason to suspend a driver’s licence is that the driver suffers from a medical condition likely to significantly interfere with his or her ability to drive safely. Subsection 14(1) of O. Reg. 340/94 (the “Regulation”) under the HTA states:

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

(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely.

5Under 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. The Tribunal may consider whether a driver has complied with such a request.

6Section 14(2) (a) of the Regulation allows the Minister to consider the Canadian Council of Motor Transport Administrators Medical Standards for Drivers (“CCMTA Standards”) when determining whether the requirements of s. 14(1) are met. Similarly, the Tribunal may consider the CCMTA Standards. They are not, however, binding.

7The CCMTA Standards with respect to psychiatric disorder (chapter 14) state that individuals with psychiatric disorder are eligible for a licence if:

• the condition is stable

• the driver has sufficient insight to stop driving if condition becomes acute

• the functional abilities necessary for driving are not impaired

• a treating physician supports a return to driving, for drivers who have stopped driving due to a psychiatric disorder, and

• conditions for maintaining a licence are met.

8The Registrar has the burden of establishing the grounds for suspending a driver’s licence on a balance of probabilities. The Tribunal may, under s. 50(2) of the HTA, confirm, modify or set aside the decision or order of the Registrar.

EVIDENCE AND ANALYSIS

9The Minister received a Medical Condition Report on March 24, 2021, from an emergency department psychiatrist indicating that the appellant suffered from a psychiatric illness that made it dangerous for him to operate a motor vehicle.

10The appellant’s licence was suspended on March 30, 2021. The Minister requested the appellant’s treating physician complete a Mental Health Disorder Form before reinstatement could be considered. The appellant appealed the suspension on April 26, 2021.

11At a Case Conference, the appellant indicated that his family physician would not complete the required form but that the appellant would attempt to have it completed by a nurse practitioner. The hearing was scheduled for June 9, 2021. On that date the appellant submitted additional medical documentation but not the requested Mental Health Disorder Form. The respondent requested an adjournment to review the new materials and forward them to the Medical Review Office for consideration. On June 24, 2021, the Registrar notified the appellant that his licence would remain suspended.

12The hearing was rescheduled to July 7, 2021. On this date, the appellant again indicated that his family physician refused to complete the Mental Health Disorder Form. He stated that he was waiting for a referral to another physician but was encountering delays due to COVID-19. The appellant noted that his licence was suspended because of a tumultuous relationship with his mom and, in his view, the medical documentation before the Tribunal was “all lies”. The appellant chose to leave the tele-hearing prior to the respondent’s submissions.

13The medical documentation provided by the appellant on June 9, 2021, includes April 2021 physician records from two separate hospitals. The records indicate, among other things, that the applicant suffers from an untreated major mental health condition and continues to express paranoid thinking, mania and delusional beliefs. The appellant was noted to have no insight into his medical condition and was unlikely to take prescribed medications or attend follow up treatment.

14The respondent submits that the suspension should be confirmed. Prior to reinstatement the Registrar requires the completed Mental Health Disorder Form and a period of mental stability in compliance with recommendations made by a treating physician and with Ministry guidelines.

15Based on the CCMTA Standards noted above, the appellant would not be eligible for a licence at this time. Medical information received to date indicates that the appellant does not have appropriate insight into his medical condition or its impact on his driving. There is documented nonadherence to treatment, and at this time, no physician has indicated that the applicant’s licence should be reinstated. Although we acknowledge that the CCMTA standards are not binding, in this case we find them persuasive.

16The Tribunal finds, on a balance of probabilities, that the appellant suffers a medical condition, specifically a psychiatric condition, that is likely to significantly interfere with his ability to drive a motor vehicle safely. We agree that further medical evidence and a period of stability is necessary before the appellant’s licence can be reinstated.

17The Tribunal acknowledges the impact that the loss of his licence has on the appellant. The Tribunal must, however, apply the provisions of the HTA and ensure public road safety.

ORDER:

18For the reasons set out above, the Registrar’s decision to suspend the appellant’s driver’s licence for medical reasons is confirmed.