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 driver’s licence under subsection 47(1) of the Act
Between:
Elizabeth Yerex-Chioros
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
Panel: Dr. Erica Weinberg, Member
Appearances:
For the Appellant: Elizabeth Yerex-Chioros, Self
For the Respondent: Stephen Grootenboer, Agent
Observers: Jeffery Campbell, Licence Appeal Tribunal Kenneth Fishman, Licence Appeal Tribunal Laura Goulet, Licence Appeal Tribunal Geoff Pollock, Licence Appeal Tribunal
Heard by Teleconference: April 27, 2022
A. Overview:
1Elizabeth Yerex-Chioros (the “appellant”) appeals the January 21, 2010 suspension of her Class G2 driver’s licence under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”).
2The issue in this appeal is whether the appellant’s reported medical condition of Alcohol Use Disorder (“AUD”) is likely to significantly interfere with her ability to drive a vehicle safely.
3Having considered all of the evidence and for the reasons that follow, I find that the Registrar of Motor Vehicles (the “Registrar”) has met the burden of establishing that the appellant’s AUD is likely to significantly interfere with her ability to drive a vehicle safely.
4Accordingly, I confirm the Registrar’s decision to suspend the appellant’s driver’s licence for medical reasons.
B. ISSUES:
5The issue in this appeal is whether the appellant suffers from AUD, a medical condition, which is likely to significantly interfere with her ability to drive a vehicle safely.
6To answer that question, I will address the following issues:
a. Does the appellant suffer from AUD?
b. If the appellant suffers from AUD, is it likely to significantly interfere with her ability to drive a vehicle safely?
C. LAW:
7Under the HTA the Registrar is responsible for ensuring that drivers are medically fit to drive vehicles on the highway. In this case, the Registrar acted pursuant to s. 47(1) of the HTA and s. 14(1) of O. Reg. 340/94 under the HTA (the “Regulation”).
8Under s. 14(2)(b) of the Regulation, the Registrar may require a driver to provide satisfactory evidence that he or she is able to drive safely.
9A person whose licence is suspended under these provisions may appeal the suspension to the Tribunal under s. 50(1) of the HTA.
10On appeal, the Registrar has the burden, on a balance of probabilities, of establishing that the licence should remain suspended.
11Following a hearing, the Tribunal may, under s. 50(2) of the HTA, confirm, modify or set aside the decision or order of the Registrar.
12Section 14(2)(a) of the Regulation allows the Registrar to consider the Canadian Council of Motor Transport Administrators’ Medical Standards for Drivers (the “CCMTA Standards”) when determining whether the requirements of s. 14(1) are met. Similarly, the Tribunal may take the CCMTA Standards into consideration, although they are not binding requirements.
D. EVIDENCE AND ANALYSIS:
a. Does the appellant suffer from AUD?
13I find, on a balance of probabilities, that the appellant suffers from AUD.
14On December 28, 2009, Dr. N. sent an unsolicited Medical Condition Report to the Ministry of Transportation (the “Ministry”). On the report, Dr. N. indicated that he was of the opinion that the appellant was suffering from