Question
You are representing, Mohammed Gauss, with regards to the suspension of his driving privileges, due to a medical condition, by the Registrar of Motor Vehicles.
You are representing, Mohammed Gauss, with regards to the suspension of his driving privileges, due to a medical condition, by the Registrar of Motor Vehicles. Section 47 of theHighway Traffic Actgives the Registrar the power to suspend or cancel a driver's licence on medical grounds. A medical license suspension can be appealed to the Licence Appeals Tribunal (LAT).
1. Who would the parties to the Licence Appeals Tribunal be?
2. You have never appeared before the LAT and you are not sure who bears the burden of proof. How would you determine this issue? Name 3 sources you would look at to help answer this issue.
Additional FactsAfter attending the hearing, the LAT upholds the suspension of Mr. Gauss' license. You believe that the LAT made an error of law.
3. If pursuing this, which of the following processes should Mr. Gauss persue: request for reconsideration, appeal to divisional court, or judicial review. Explain your answer.
The Rules of Procedure for the LAT provide as follows:
Rule 18.1 REQUEST FOR RECONSIDERATION
The Tribunal may, on its own initative or upon request of a party, if the request is made within 21 days of the decision, reconsider any decisions of the Tribunal that finally disposes of an appeal....
TheHighway Traffic Actprovides as follows:
Appeal to Divisional Court
50(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision or order of the Registrar under section 17 or 47, other than an order under clause 47(1)(b), may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court.
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