Licence Appeal Tribunal File Number: 15433/MED
In the matter of an appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act"), from a decision of the Registrar of Motor Vehicles to suspend a licence pursuant to Section 47(1) of the Act.
Between:
Ante Salapic
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION
ADJUDICATOR: Peter Savage M.D.
APPEARANCES:
For the Appellant: Ante Salapic, Appellant
For the Respondent: Ian Sookram, Representative
Heard by Teleconference: March 11, 2024
OVERVIEW
1Ante Salapic (the "appellant") appeals from the decision of the Registrar of Motor Vehicles ("Registrar") to suspend their Class G licence under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act") after the Registrar received a report from an emergency physician that the appellant suffers from a medical condition that may affect their ability to drive safely.
2The Registrar has the authority under s. 47(1)(g) of the Act to suspend or cancel a driver's licence for any sufficient reason. Section 14(1)(a) of O. Reg. 340/94 under the Act (the "Regulation") states 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 their ability to safely drive a motor vehicle of the applicable class safely. Under s. 14(2)(b) of the Regulation, the Minister of Transportation may require a driver to provide satisfactory evidence that they are able to drive safely.
3The Registrar takes the position that the appellant suffers from a medical condition, namely epilepsy with medication change, that is likely to significantly interfere with their ability to drive safely and that this provides sufficient reason to suspend their licence under s. 47(1)(g) of the Act.
4The appellant appeals the suspension under s. 50(1) of the Act. They acknowledge that they suffer from the medical condition alleged but they initially deny that they suffer from a medical condition which interferes with their ability to drive safely.
5Pursuant to section 50(2) of the Act, after a hearing the Tribunal may confirm, modify, or set aside the decision or order of the Registrar.
ISSUES
6The issue in this appeal is whether the appellant suffers from a medical condition that is likely to significantly interfere with their ability to drive a motor vehicle safely.
7To resolve that issue, I will address the following questions:
i. Does the appellant suffer from the medical condition alleged?
ii. If so, is this likely to significantly interfere with their ability to drive a motor vehicle safely?
8The Registrar bears the burden of proving on a balance of probabilities that the answer to each of the above questions is "yes."
RESULT
9Having considered all the evidence and submissions and for the reasons that follow, I find that the Registrar has satisfied its burden to establish that the appellant suffers from a medical condition that is likely to significantly interfere with their ability to drive a motor vehicle safely and I confirm the Registrar's decision to suspend the appellant's driver's licence.
ANALYSIS
Does the appellant suffer from the medical condition alleged?
10The evidence presented at the hearing establishes that the appellant suffers from a medical condition, namely epilepsy with medication change.
11The Registrar's position is supported by medical reports completed by an emergency physician, family doctor, nurse practitioner and neurologist.
12The medical reports submitted by the four medical practitioners mentioned above confirm the diagnosis of epilepsy and efforts to manage the anti-seizure medications.
13The appellant acknowledges that they suffer from epilepsy and has had medication changes.
14At this point in the hearing the appellant testifies they agree with the decision of the Registrar to suspend his licence and accepts the licence suspension. The appellant testifies they do not agree with all the medical reports but accepts the Registrar's decision to suspend his licence. The appellant further testifies that they had intended to withdraw the appeal but had not had time to make the withdrawal.
15I find that the Registrar has established on a balance of probabilities that the appellant suffers from the medical condition alleged.
Is the appellant's medical condition likely to significantly interfere with their ability to drive a motor vehicle safely?
16I find that the Registrar has proven on a balance of probabilities that the appellant's medical condition is likely to significantly interfere with their ability to drive a motor vehicle safely.
17The Registrar argues that the medical condition alleged interferes with the appellant's ability to drive safely in that any sudden loss of consciousness or inattention caused by a seizure could have serious consequences if they occurred while driving a motor vehicle.
18The Registrar relies on the Canadian Council of Motor Transport Administrators Medical Standards for Drivers [February 2021] (the "CCMTA Standards") which confirms the dangers that epilepsy can cause and notes in section 17.6.1 the need for a period of stability on medication and a further period of stability after medication changes.
19The Registrar's position is that more time is needed to be sure the new medication dosage is working and that the appellant remains seizure free. That period of stability must be verified by a medical practitioner. If the appellant had another seizure or temporary loss of consciousness while driving the results could be catastrophic for themselves and other users of the roadway.
20The appellant accepts the position of the Registrar and accepts that the licence should remain under suspension at this time. The appellant understands the steps needed going forward to reinstate the licence and will follow up with the Ministry of Transportation.
21I am satisfied on a balance of probabilities that the appellant's medical condition is likely to significantly interfere with their ability to drive safely.
Conclusion
22I find that the Registrar has discharged the onus of establishing on a balance of probabilities that the appellant suffers from a medical condition, namely epilepsy with medication change, that is likely to significantly interfere with their ability to drive a motor vehicle safely.
ORDER
23For the reasons set out above, pursuant to subsection 50(2) of the Act, I confirm the Registrar's decision to suspend the appellant's driver's licence.
Released: March 15, 2024
Peter Savage M.D.
Adjudicator```