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:
Donald Melanson
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
ADJUDICATOR: Dr. Peter Savage, Member
APPEARANCES
For the Appellant: Donald Melanson, Self-represented Christopher Marlatt, Support person/counselor
For the Respondent: Stephen Grootenboer, Agent for the Registrar
Heard by Teleconference: February 14, 2023
REASONS FOR DECISION AND ORDER
A. Overview
1By letter dated November 24, 2022, the Registrar of Motor Vehicles (the Registrar) suspended the appellant’s Class G licence under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”), for medical reasons. The appellant appeals the suspension and asks the Tribunal to reinstate his licence.
2Having considered all the evidence and for the reasons that follow, I set aside the Registrar’s decision to suspend the appellant’s driver’s licence.
B. Issue
3The issue in this appeal is whether the appellant suffers from a medical condition that is likely to significantly interfere with his ability to drive a motor vehicle safely.
4To resolve that issue, I will address the following questions:
Does the appellant suffer from a medical condition, namely a mental health condition?
If the appellant does suffer from a mental health condition, is this likely to significantly interfere with his ability to drive a motor vehicle safely?
C. The Law
5The Registrar has the authority under s.47(1)(g) of the HTA to suspend or cancel a driver’s licence if the driver suffers from a medical condition or addiction likely to significantly interfere with his or her ability to drive safely.
6Subsection 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 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.”
7Section 203(1) of the HTA requires medical professionals to report prescribed medical conditions to the Registrar, while s. 203(2) gives medical professionals the discretion to report medical conditions that they believe might make it dangerous for a person to drive.
8Section 14(2)(a) of O. Reg. 340/94 allows the Registrar to consider the Canadian Council of Motor Transport Administrators (“CCMTA”) Medical Standards for Drivers when determining whether the requirements of s. 14(1) are met. The CCMTA Standards are not binding on the Registrar or on this Tribunal.
9The Registrar has the burden of establishing on a balance of probabilities that one or more grounds for suspending a driver’s licence has been made out.
10Pursuant to section 50(2) of the HTA, after a hearing, the Tribunal may confirm, modify or set aside the decision or order of the Registrar.
D. Evidence and Analysis
a. Does the appellant suffer from a mental health condition?
11The Registrar relies on two types of documents, the Medical Condition Reports (“MCR”) and the Mental health questionnaire, in support of its allegation that the appellant suffers from a mental health condition.
12A November 19, 2022 MCR from the Centre