COURT FILE NO.: 387/03
DATE: 20040123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, CAPUTO AND SWINTON JJ.
B E T W E E N:
DOUGLAS K. CAMPBELL
Applicant
- and -
THE MINISTRY OF TRANSPORTATION, THE REGISTRAR OF MOTOR VEHICLES and THE LICENCE APPEAL TRIBUNAL
Respondents
In Person
John T. Petrosoniak, for the Respondents
HEARD: January 23, 2004
THEN J.: (Orally)
[1] Mr. Campbell, despite your able argument, we must dismiss this application for judicial review. Section 203 of the Highway Traffic Act (H.T.A.) requires a medical practitioner to report to the Registrar any person who, in the opinion of the medical practitioner is suffering from a condition that makes it dangerous for that person to drive. In this case, such a report was sent. As a result, the Registrar required the applicant pursuant to ss. 14 and 15 of Ontario Regulation 340/94 to submit to a medical examination for a diabetic condition and suspended the driver’s licence of the applicant when the applicant refused to do so.
[2] The applicant has since the filing of this application, submitted to the medical test in order to retain his licence to earn a living. The respondent submits that the application is not moot in view of the Registrar’s power to require future medical assessments.
[3] Mr. Campbell submits that s.18 of Ontario Regulation 340/94 is determinative of the issue as that regulation only requires a G licence holder to specifically conform to certain optical specifications.
[4] In our view however, ss.14 and 15 of Ontario Regulation 340/94 authorize the Registrar to request that the applicant submit to a medical exam once the letter from the Doctor, pursuant to s. 203 of the H.T.A. is received by the Registrar. Section 32(12)(b)(ii) of the H.T.A. requires the following:
“An applicant for a driver’s licence or a person who holds a driver’s licence shall submit to the examinations that are authorized by the regulations relating to this section and required by the Minister at the times and places that the Minister may require and the Minister may,
(b) in the case of a person who holds a driver’s licence,
(ii) where the person fails to submit to or to successfully complete the examinations, suspend or cancel the driver’s licence held by the person.”
[5] The applicant failed to comply with this section and the Registrar was therefore within his power to suspend his licence. In our view, ss.18 of the Regulations is of no relevance to the examinations required by s.32(12)(b)(ii) of the H.T.A. The application must therefore be dismissed.
[6] No costs are sought or awarded.
THEN J.
CAPUTO J.
SWINTON J.
Date of Reasons for Judgment: January 23, 2004
Date of Release: February 13, 2004
COURT FILE NO.: 387/03
DATE: 20040123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, CAPUTO AND SWINTON JJ.
B E T W E E N:
DOUGLAS K. CAMPBELL
Applicant
- and -
THE MINISTRY OF TRANSPORTATION, THE REGISTRAR OF MOTOR VEHICLES and THE LICENCE APPEAL TRIBUNAL
Respondents
ORAL REASONS FOR JUDGMENT
THEN J.
Date of Reasons for Judgment: January 23, 2004
Date of Release: February 13, 2004