Singh v. Registrar of Motor Vehicles, 2025 CanLII 8008

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 subsection 47(1) of the Act.

Between:

Neil Singh

Appellant

And

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATOR: Dr. David To

APPEARANCES:

For the Appellant: Michael Hayworth, Counsel

For the Respondent: Ian Sookram, Representative

HEARD: January 27, 2025

OVERVIEW

1Neil Singh (the “appellant”) appeals from the August 19, 2024 decision of the Registrar of Motor Vehicles (“Registrar”) to suspend his 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 a treating physician that the appellant suffers from a medical condition that may affect his safety to drive.

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. Paragraph 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 alcohol use disorder, that is likely to significantly interfere with his ability to drive safely and that this provides sufficient reason to suspend his licence under s. 47(1)(g) of the Act.

4The appellant appeals the suspension under s. 50(1) of the Act. He acknowledges that he suffers from alcohol use disorder but denies that this medical condition interferes with his ability to drive safely.

5Pursuant to s. 50(2) of the Act, after a hearing the Tribunal may confirm, modify, or set aside the decision or order of the Registrar.

ISSUE

6The issue in this appeal is whether the appellant’s medical condition of alcohol use disorder is likely to significantly interfere with his ability to drive a motor vehicle of the applicable class safely.

RESULT

7Having considered all the evidence and submissions and for the reasons that follow, I find that the Registrar has not satisfied its burden to establish that the appellant suffers from a medical condition that is