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:
Eunice Williams
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
ADJUDICATOR: Dr. Erica Weinberg, Member
APPEARANCES:
For the Appellant: Eunice Williams, Appellant
Vanessa Williams, Appellant’s daughter / support person
For the Respondent: Sanjay Kapur, Agent
Heard by Teleconference: July 5, 2022
A. Overview:
1Eunice Williams (the “appellant”) appeals the suspension of her Class G driver’s licence under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”), effective December 16, 2021.
2The issue in this appeal is whether the appellant’s reported medical condition of brain injury 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 brain injury is likely to significantly interfere with her ability to drive a vehicle safely.
B. ISSUES:
4The issue in this appeal is whether the appellant suffers from brain injury, a medical condition, which is likely to significantly interfere with her ability to drive a vehicle safely.
5To answer that question, I will address the following issues:
a. Does the appellant suffer from brain injury?
b. If the appellant suffers from brain injury, is it likely to significantly interfere with her ability to drive a vehicle safely?
C. LAW:
6Under 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)(a) of O. Reg. 340/94 under the HTA (the “Regulation”).
7Under 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.
8Section 15(1.1) of the Regulation states that it is a condition of having a driver’s licence that the holder submit to certain medical and physical examinations and tests that the Registrar requires.
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 brain injury?
13I find, on a balance of probabilities, that the appellant suffers from traumatic brain injury (“TBI”).
14On October 7, 2021 the appellant was travelling to Ottawa by train. She testified that she stood up too soon, the train’s brakes went on and she fell backwards hitting her head. On October 13, 2021, one of the appellant’s daughters drove the appellant home from Ottawa.
15On or around October 18, 2021, the appellant was admitted to her