1Michael Davidson, the appellant, appeals the decision of the Registrar of Motor Vehicles (the "Registrar") to suspend his Class G driver's licence effective September 22, 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 indicating that the appellant suffered from Narcolepsy with uncontrolled cataplexy or daytime sleep attacks and Substance Use Disorder.

3The hearing of this appeal commenced by teleconference on December 20, 2022. The appellant and his representative, Jay Bradley, appeared, and Stella Velocci appeared as the respondent's representative. At the outset of the hearing, the appellant requested an adjournment of the hearing to gather more medical information. Following a consideration of the parties' submissions I granted an adjournment. The hearing was rescheduled for February 15, 2023 at 9:30 a.m. before me and was marked peremptory on the appellant to proceed.

4On February 15, 2023 at 9:30 a.m. both the respondent's representative, Mr. Stephen Grootenboer, and I were on the teleconference. Neither the appellant nor his representative appeared. The Tribunal office reached out by phone and email to both the appellant and his representative. During the hearing, the Tribunal office did not receive any replies to its messages, no one appeared on behalf of the appellant and the teleconference line remained open until 10:25 a.m.

5At the hearing on February 15, 2023, I advised the respondent's representative that I intended to dismiss the appeal. Before I ordered the dismissal of the appeal, I received an email from the appellant's representative, dated February 20, 2023, requesting that the appellant's appeal continue to proceed to hearing. This email alleged that the appellant was ill on February 15, 2023 and was unable to attend the hearing. It is possible that the appellant may have relied on his representative to appear at the hearing to request an adjournment. However, the appellant's representative also did not appear at the hearing on February 15, 2023 alleging that he, as well, was too ill to attend.

6Before deciding on the appellant's request, and in fairness to the respondent, I requested submissions from the respondent on the matter. The respondent consented and I ordered the hearing rescheduled.

7The hearing of this appeal was scheduled to continue on April 5, 2023 at 9:30 a.m. A Notice of Continuing Hearing was issued to the parties on March 27, 2023. On March 28, 2023 the appellant's representative acknowledged, by email, that he had received the Notice of Continuing Hearing and had forwarded the Notice to his client. On April 3, 2023, the Tribunal office emailed a reminder for the teleconference hearing continuation to the parties.

8On April 5, 2023 at 9:30 a.m. both the respondent's representative and I were on the teleconference. No one initially appeared on behalf of the appellant. The Tribunal office reached out to the appellant and his representative by both phone and email. At 9:50 a.m. the appellant called in to the teleconference. I made the appellant aware that his representative was not on the teleconference. The appellant acknowledged this fact and indicated that he wished to proceed in the absence of his representative.

9Following a further discussion, the appellant verbally stated that he was withdrawing his appeal before the Tribunal. Furthermore, he acknowledged he understood that by withdrawing his appeal, his file would be closed and his rights to a full hearing before the Tribunal in this matter would be terminated.

10The 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 him for the Ministry of Transportation to consider.

ORDER

11The appellant having withdrawn the appeal, the Tribunal file is now closed.

12Nothing in this Order affects any requirement under the Act.