An 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 to suspend a licence pursuant to Section 47(1) of the Act.
Between:
Chul Kim
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISON AND ORDER
ADJUDICATORS: Dimitri Louvish, M.D., Member Laura Hodgson, Member
APPEARANCES:
For the Appellant: Chul Kim, Appellant
For the Respondent: Kyle Biel, Agent
Heard by teleconference: November 07, 2022
BACKGROUND
1Chul Kim (the "appellant") appeals the decision of the Registrar of Motor Vehicles (the "Registrar") to suspend his driver's licence for medical reasons effective January 29, 2022.
2For the reasons set out below, we find that the appellant suffers from cognitive impairment that is likely to significantly interfere with his ability to drive safely. We confirm the Registrar's decision to suspend the appellant's driver's licence.
LAW
3The 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. A driver's licence can be suspended if, among other things, the driver suffers from a medical condition that is likely to significantly interfere with the ability to drive safely. Subsection 14(1) of O. Reg. 340/94 under the HTA states:
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.
4In determining if the appellant's license should be suspended the Registrar may consider the Canadian Council of Motor Transport Administrators Medical Standards for Drivers ("CCMTA Standards"). The CCMTA Standards are not binding on either the Registrar or this Tribunal.
5The Registrar may require a driver to provide satisfactory evidence that he or she is able to drive safely (s. 14(2)(b) of the Regulation). The Tribunal considers if the driver has satisfied requests by the Registrar for information regarding their ability to drive safely.
6The Registrar has the burden of establishing the grounds for suspending the licence on a balance of probabilities. Following a hearing, the Tribunal may confirm, modify or set aside the decision or order of the Registrar.
Evidence
7The Registrar received an unsolicited Medical Condition Report dated December 1, 2021. The Report, submitted by a psychiatrist treating the appellant, indicated that he suffered from cognitive impairment due to dementia. The Report noted that the appellant had scored 11/30 on the MoCA1, had memory deficit and was low functioning.
8The appellant's licence was suspended on January 29, 2022. The Registrar requested the appellant have a treatment provider complete a Ministry of Transportation Cognitive Disorder Form. This form has not been returned to the Registrar. The Registrar noted that section 6.6.1 of the CCMTA standards recommends relicensing when a medical examination indicates that the cognitive function necessary for driving is not impaired or, where required, a functional driving assessment indicates the condition does not affect the ability to drive safely.
9The appellant acknowledged that the Cognitive Disorder Form has not been completed. The appellant's family physician told him that his geriatric psychiatrist should complete it. The appellant stated that this psychiatrist, who wrote the Ministry in December 2021, advised him that she does not support him driving. As a result, the appellant has chosen to stop seeing this practitioner and cancelled future appointments. The appellant plans to have the required form completed by a neurologist in the near future. The appellant also noted that he has completed another MoCA and scored much higher. These results were not before the Tribunal.
Analysis
10The issue in this appeal is whether the appellant has a medical condition, namely cognitive impairment, likely to significantly interfere with his ability to drive a motor vehicle.
11The Medical Condition Report indicates that the appellant suffers from cognitive impairment, more specifically dementia. The Report also notes a MoCA score of 11/30. Panel member, Dr. Louvish, may take notice of any generally recognized scientific or technical facts, information or opinions within his scientific or specialized knowledge as a physician (see sub section 16 (b) of the Statutory Power and Procedures Act, R.S.O. 1990, c. S.22). Accordingly, he notes here that a MoCA score of 11/30 is, in his medical opinion, indication of moderate cognitive impairment.
12It is also found on a balance of probabilities that the appellant's cognitive impairment is likely to significantly affect his ability to drive a motor vehicle safely. According to medical information available, the appellant suffers from dementia and has memory and functional issues. The CCMTA standards note that drivers with dementia are at higher risk of adverse outcomes. They indicate that, to be eligible for a licence, an appellant with cognitive impairment must, among other things, complete a medical assessment indicating cognitive functions necessary for driving are not impaired. We are persuaded to apply the CCMTA Standards here. As noted, the requested Cognitive Impairment Form has not been provided by the appellant. Based on the information available, the appellant's cognitive impairment is likely to affect his ability to safely drive a vehicle and the suspension is confirmed.
13As noted, the appellant intends to have the requested paperwork completed by a new physician. He is encouraged to follow the process outlined by the Registrar in its letter dated January 11, 2022, in order to apply for license reinstatement.
ORDER
14For the reasons set out above, pursuant to subsection 50(2) of the Act, the Registrar's decision to suspend the appellant's driver's licence is confirmed.
LICENCE APPEAL TRIBUNAL
_______________________________
Laura Hodgson, Member
________________________________
Dimitri Louvish, Member
Released: November 17, 2022