Licence Appeal Tribunal File Number: 14717/MED

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:

Darren Hager

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATORS:

Dr. Peter Savage, M.D., Member

Bruce Stanton, Member

APPEARANCES:

For the Appellant:

Darren Hager, Appellant

For the Respondent:

Ian Sookram, Agent

Heard by Teleconference:

April 20, 2023

OVERVIEW

1Darren G. Hager, the appellant, appeals from a decision of the Registrar of Motor Vehicles, the respondent, to suspend his driver’s licence for medical reasons on April 12, 2022.

2The respondent claims that the appellant suffers from a medical condition, namely alcohol use disorder and a mental health condition, that is likely to significantly interfere with his ability to drive safely.

3The appellant admits that he suffers from alcohol dependence, but it does not interfere with his ability to drive safely. He denies having a mental health condition.

4It is the respondent’s burden to prove, on a balance of probabilities, that the appellant’s licence should remain suspended.

5In reaching that determination, we must decide if the appellant suffers from a medical condition that is likely to significantly interfere with his ability to drive safely.

ISSUES

6The issue in dispute is:

1. Does the appellant suffer a medical condition, and if so, is it likely to significantly interfere with his ability to drive a motor vehicle safely?

RESULT

7We find that the appellant suffers from a medical condition, but it is not likely to significantly interfere with his ability to drive a motor vehicle safely. We therefore set aside the respondent’s decision to suspend the appellant’s licence.

ANALYSIS

The circumstances leading to the licence suspension and appeal

8On April 5, 2022, the appellant attended his family physician, Dr. Nathan Snyder, due to emotional stress. The appellant’s 56-year-old wife had passed away three months earlier and he was finding difficulty coping with the combined stress of the loss of his wife, funeral arrangements, and maintaining his obligations to employment and household needs. Since the appellant works around heavy equipment, he was concerned that his elevated emotional condition could put him and co-workers’ safety at risk. He sought his physician’s support for a short-term leave from work, for medical reasons.

9Following the appointment, Dr. Snyder submitted a Medical Condition Report to the Ministry of Transportation (the “MTO”) Medical Review Section pursuant to s. 203 of the Highway Traffic Act (the “HTA”) noting that the appellant suffered from alcohol dependence and mental or emotional illness. Dr. Snyder reported that the appellant should not be driving.

10Section 47(1)(g) of the HTA allows the respondent to suspend or cancel a driver’s licence for any sufficient reason beyond those set out in sections 47(1)(d) through 47(1)(f). One such reason under s. 47(1)(g) is if the driver suffers from a medical condition that is likely to significantly interfere with his or her ability to drive safely. That medical condition ground is set out in s. 14(1)(a) of O. Reg. 340/94 (the “Regulation”) in which the 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 safely.

11Based on Dr. Snyder’s Medical Condition Report, the MTO suspended the appellant’s licence and advised him by mail, dated April 12, 2022, that the licence was being suspended due to an alcohol use disorder, and a mental health condition.

12Almost one year later, on March 1, 2023, the appellant submitted a Notice of Appeal to the Licence Appeal Tribunal (the “Tribunal”) to appeal the suspension of his driving privileges.

The appellant suffers from a medical condition

13We find the appellant suffers from a medical condition, specifically alcohol use disorder. We find the appellant does not suffer from a mental health condition.

Alcohol use disorder

14The applicant suffers from alcohol use disorder, but he is aware of his alcohol dependence, is taking steps to manage it better, and is able to function and carry out his responsibilities in spite of it.

15As discussed above, Dr. Snyder’s Medical Condition Report identified that the appellant presented with alcohol dependence. He writes that, “Excessive alcohol, but also anxiety, is making him [the appellant] feel dangerous around motorized equipment at his workplace …”. Dr. Snyder goes on to report that for these reasons, the appellant is on short-term disability from work, and these issues make it a concern for him to be driving.

16The appellant testified that he has lived with alcohol dependence for most of his adult life, and all the 26 years he’s been employed doing maintenance on public transit vehicles and conveyances. Shortly after his wife’s death, the appellant was drinking up to 12 regular size (375 ml) beers, with between 4% and 5% alcohol by volume, per day. He does not consume other types of alcoholic beverage or use drugs beyond those prescribed to him by his physician.

17In a Substance Use Assessment report dated April 3, 2023, at Part 3, Comments, Dr. Snyder refers to the appellant having severe alcohol dependence, drinking 7 beers per day, down from 12 per day.

18The appellant stated that since the loss of his wife, more than one year ago, his daily consumption of beer is declining. He has attended a Rapid Access Addiction Medical (“RAAM”) Clinic on several occasions and continues to use the service. He has attended AA and is getting addictions counselling from a provider in Peel region. Through these interventions he states that he has reduced his beer consumption to 5 per day.

19Owing to his own oral evidence and his physician’s reports, we find the appellant suffers from alcohol use disorder, he is aware of his condition, and he is taking steps to manage it.

Does the appellant suffer a mental health condition?

20We find that the appellant does not suffer a mental health condition.

21Dr. Snyder’s Medical Condition Report of April 5, 2022 identified that in addition to alcohol dependence, the appellant suffered from a mental or emotional illness, that he described in the Comments section as, anxiety.

22At that appointment, the appellant described his elevated state of stress from dealing with the loss of his wife, three months earlier, and the associated funeral and estate matters. The appellant believes the anxiety Dr. Snyder referred to in the report was related to this temporary state of stress from the loss of his wife. He denies he suffers from any ongoing mental illness and that, by and large, he is emotionally stable.

23At the hearing, the appellant spoke clearly and in a forthright manner, was thoughtful in his responses, and could recall details since the time of the suspension with clarity and coherence. He demonstrated insight into his situation and has long term goals. He testified that he sleeps well and faithfully takes daily medication to curb his anxiety.

24The respondent submitted a Mental Health Disorder report completed by Dr. Snyder on April 3, 2023, in which he reports the appellant having mental illness, specifically Depression and Substance Use. As noted above, the appellant reports he does not use drugs and that his substance addiction is exclusive to beer. He does not consume other types of alcoholic beverage. In Part 5, Comments, Dr. Snyder refers only to the appellant drinking 7 beers per day, down from 12 beers per day. There is no reference to other substances. We conclude the reference to Substance Use in the Mental Health Disorder report relates only to the appellant’s dependence on beer, that is discussed above in further detail.

25In relation to the appellant’s reported Depression, Dr. Snyder refers, in Part 5, Comments, only to him having some depression after the loss of his wife, and that he was potentially dangerous behind the wheel, but that has resolved. The Mental Health Disorder report provides no indication of any ongoing mental illness.

26Based on the appellant’s testimony, the Medical Condition Report, and the more recent Mental Health Disorder report, we find that the family doctor’s references to mental illness relate to the appellant’s grief reaction to the loss of his wife, that is now improved. The appellant is not suffering any ongoing mental illness.

The appellant’s alcohol use disorder is unlikely to significantly interfere with his ability to drive safely.

27We find the appellant suffers from a medical condition, alcohol use disorder, but it is not likely to significantly interfere with his ability to drive safely.

28To suspend the appellant’s licence, the respondent relied on s. 14(1)(b) of the Regulation which provides that a driver must not be addicted to the use of alcohol to an extent likely to significantly interfere with his ability to drive a motor vehicle safely.

29As discussed above, for a driver’s licence to be suspended, the Regulation requires that an alcohol addiction must reach the extent of being likely to significantly interfere with the ability to drive safely. Put another way, one can be eligible to have a licence while also having an addiction to alcohol, but only if the addiction is unlikely to significantly interfere with your ability to drive safely. To sustain the licence suspension in this case, the respondent must prove on a balance of probabilities that the appellant’s addiction is likely to significantly interfere with his ability to drive safely.

30The appellant stated that, despite living with an alcohol dependence most of his adult life, in more than 38 years of driving, he has never had an impaired driving offence. The respondent submitted the driving record of the appellant which confirms no impaired driving infraction. The appellant testified that he does not drive if he’s been drinking. He always takes a taxi or Uber to and from social gatherings or visits at pubs or restaurants.

31The appellant attends to his hobby as a HAM (HF amateur radio) radio operator almost daily, which includes conversing with other operators from different stations globally. He socializes with friends once per week on average. At work, he has maintained his employment responsibilities for 26 consecutive years, and he is acquiring new skills. He testified that he has recently earned new certifications in the use of heavy equipment.

32The appellant admits to his daily beer dependence and is taking steps to reduce it. However, there is no evidence to reveal that his dependence has interfered with his employment, his ability to function and meet his daily responsibilities, his social relationships, and most importantly in this instance, his driving record.

33Accordingly, we find that the appellant suffers from a medical condition (alcohol use disorder), but it is not likely to significantly interfere with his ability to drive a motor vehicle safely. The respondent has not met its burden to prove otherwise.

CONCLUSION

34We find the appellant suffers from a medical condition, but it is not likely to significantly interfere with his ability to drive a motor vehicle safely. Therefore, the respondent’s decision to suspend the appellant’s licence is set aside.

ORDER

35For the reasons give above, pursuant to subsection 50(2) of the Highway Traffic Act, the Registrar’s decision to suspend the appellant’s driver’s licence is set aside.