Jason Shen v. Registrar of Motor Vehicles, 2023 CanLII 107262

Licence Appeal Tribunal File Number: 15059/MED

In the matter of 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:

Jason Shen

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR:

Dr. Erica Weinberg, Member

APPEARANCES:

For the Appellant:

Jason Shen, Self

Jami Sanftleben, Representative

For the Respondent:

Stephen Grootenboer, Representative

HEARD by teleconference: November 8, 2023

OVERVIEW

1Jason Shen (the “appellant”) appeals the decision of the Registrar of Motor Vehicles (the “Registrar”) to suspend their driver’s licence for medical reasons effective September 8, 2022 under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).

2The Registrar suspended the appellant’s driver’s licence following the receipt of an unsolicited Medical Condition Report from a treating healthcare provider.

3The hearing of this appeal commenced by teleconference on November 8, 2023 at 9:30 a.m. The appellant and their representative, Jami Sanftleben, appeared, and Stephen Grootenboer appeared as the respondent’s representative.

4At the outset of the hearing, the appellant’s representative advised that there were no Preliminary Issues.

5However, just prior to the affirmations, the appellant advised that they wished to withdraw their appeal before the Tribunal.

6The appellant and their representative were offered an opportunity to speak privately about this, but the offer was declined.

7Following a further discussion, the appellant verbally stated that they were withdrawing their appeal before the Tribunal.

8Furthermore, the appellant verbally acknowledged that they understood that by withdrawing their appeal, their Tribunal fie would be closed and their rights to a full hearing before the Tribunal in this matter would be terminated.

9The respondent’s representative indicated that the appellant’s file would remain open at the Ministry of Transportation and that the appellant could submit further medical information to them for the Ministry of Transportation to consider. The respondent’s representative confirmed that the appellant had their contact information.

ORDER

10The appellant having withdrawn the appeal, the Tribunal file is now closed.

11Nothing in this Order affects any requirement under the Act.