Licence Appeal Tribunal
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 section 47(1) of that Act – to suspend a licence
Between:
Brittany Findlay Appellant
And
Registrar of Motor Vehicles. Respondent
DECISION AND ORDER
ADJUDICATOR: Dr. Peter Savage, Member
APPEARANCES:
For the Appellant: Brittany Findlay
For the Respondent: Kyle Beal, Agent
Heard by Teleconference: June 15, 2022
REASONS FOR DECISION AND ORDER
A. OVERVIEW
1This is an appeal from a decision of the respondent, the Registrar of Motor Vehicles (the “Registrar”), to suspend the appellant’s class G driver's licence. The suspension took effect in May 2020 and the cause of the suspension was the appellant’s alleged alcohol use disorder.
B. ISSUE
2The legal issue for the Tribunal to determine is whether the appellant suffers from a medical condition, specifically, alcohol use disorder, and if so whether this condition is likely to significantly interfere with the appellant’s ability to drive safely.
C. CONCLUSION
3For the reasons that follow, the Tribunal finds that the appellant does suffer from a medical condition however this condition is not likely to significantly interfere with the appellant’s ability to drive safely. Accordingly, the decision by the Registrar to suspend the appellant’s class G driver’s licence is set aside.
D. LAW
4The Registrar has the authority 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 for any grounds listed in paragraphs (d), (e), (f) or (g) of that section. Paragraph (g) states that a licence maybe suspended for “any other sufficient reason not referred to in clause (d), (e), or (f).”
5One sufficient reason to suspend a driver’s licence under s.47(1)(g) of the HTA is that the driver suffers from a medical condition or addiction likely to significantly interfere with his or her ability to drive safely.
6Sections 203.1, 203.2 and 204 of the HTA state as follows:
Every prescribed person shall report to the Registrar every person who is at least 16 years old who, in the opinion of the prescribed person, has or appears to have a prescribed medical condition, functional impairment or visual impairment. 2015, c. 14, s. 55.
A prescribed person may report to the Registrar a person who is at least 16 years old who, in the opinion of the prescribed person, has or appears to have a medical condition, functional impairment or visual impairment that may make it dangerous for the person to operate a motor vehicle. 2015, c. 14, s. 55.
A report required or authorized by section 203 must be submitted in the form and manner specified by the Registrar and must include,
(a) the name, address and date of birth of the reported person.
(b) the condition or impairment diagnosed or identified by the person making the report,
7Subsection 14(1)(a) of O. Reg. 340/94 enacted under the HTA requires that a holder of a driver’s licence must not suffer from “any…physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely.”
8Section 14(2)(a) of [O. Reg. 340/94](https://www.canlii.org/en/on/laws/regu/o-reg-