COURT FILE NO.: 380/06
DATE: 20061011
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., CHAPNIK AND KEALEY JJ.
B E T W E E N:
MICHAEL THOMAS O’BRIEN
Applicant
- and -
THE REGISTRAR OF MOTOR VEHICLES
(Ministry of Transportation – Ontario)
Respondent
Robert Sheppard, for the Applicant
John T. Petrosoniak, for the Respondent
HEARD at Toronto: October 11, 2006
CUNNINGHAM A.C.J.S.C.: (Orally)
[1] The applicant who possessed a “G” driver’s licence applied for an enhanced A-Z licence. As part of that application, he submitted a medical report which was equivocal on the issue of the applicant’s alcohol use. As a result, the Registrar demanded further medical information which the applicant refused to provide. As a result, his existing “G” licence was suspended.
[2] In our view, it was not in the circumstances, unreasonable to require the applicant to provide additional information. The statutory requirements are clear. The “G” licence was suspended for failure to comply. That decision was not unreasonable. Mr. O’Brien however, is not without recourse. He should immediately provide the required information and in all likelihood his existing “G” licence will be returned. As well he should continue with his efforts to obtain the enhanced A-Z licence.
[3] The application is dismissed.
CUNNINGHAM A.C.J.S.C.
CHAPNIK J.
KEALEY J.
Date of Reasons for Judgment: October 11, 2006
Date of Release: October 16, 2006
COURT FILE NO.: 380/06
DATE: 20061011
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., CHAPNIK AND KEALEY JJ.
B E T W E E N:
MICHAEL THOMAS O’BRIEN
Applicant
- and -
THE REGISTRAR OF MOTOR VEHICLES
(Ministry of Transportation – Ontario)
Respondent
ORAL REASONS FOR JUDGMENT
CUNNINGHAM A.C.J.S.C.
Date of Reasons for Judgment: October 11, 2006
Date of Release: October 16, 2006