Licence Appeal Tribunal File Number: 17920/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:
June Martin Appellant
and
Registrar of Motor Vehicles Respondent
DECISION
ADJUDICATOR: Dr. Isla McPherson, Member
APPEARANCES:
For the Appellant: June Martin, Appellant For the Respondent: Melissa Litrenta, Agent
Held by teleconference: December 3, 2025
OVERVIEW
1June Martin (the "appellant") appeals from the decision of the Registrar of Motor Vehicles ("Registrar") to suspend her 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 an unsolicited Police Report stating that the appellant suffers from a medical condition that may affect her ability to drive a motor vehicle 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 Registrar 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 a mental health condition, that is likely to significantly interfere with her ability to drive safely and that this provides sufficient reason to suspend her licence under s. 47(1)(g) of the Act.
4The appellant appeals the suspension under s. 50(1) of the Act. She argues that she does not suffer from a mental health condition and therefore she does not have a condition that is likely to significantly interfere with her 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.
6The Open Court Principle was reviewed at the outset of the hearing.
ISSUES
7The issue in this appeal is whether the appellant suffers from a medical condition that is likely to significantly interfere with her ability to drive a motor vehicle safely.
8To resolve that issue, I will address the following questions:
i. Does the appellant suffer from a mental health condition?
ii. If so, is this likely to significantly interfere with her ability to drive a motor vehicle safely?
9The Registrar bears the burden of proving on a balance of probabilities that the answer to each of the above questions is "yes."
PRELIMINARY MATTER
10During the entering of exhibits, the appellant indicated she had mailed in a package of approximately 60 photographs. It was confirmed that they were sent only to the Tribunal, and not received by the Tribunal. The appellant indicated she was aware she had sent the photographs to the wrong address and so had emailed in several of the most relevant photos which had been received by the Tribunal and the Registrar.
11The appellant was offered the opportunity to request an adjournment in order to submit further evidence, but she declined, citing she had submitted sufficient photographs by email and wished to proceed with the hearing.
RESULT
12Having considered all the evidence and submissions and for the reasons that follow, I find that the