The Licence Appeal Tribunal: Appealing a Medical Licence Suspension

How a medical suspension starts

Ontario law requires physicians to report patients with a medical condition that may make it dangerous for them to drive. Following such a report, the Ministry of Transportation generally sends a letter advising of a licence suspension or downgrade, and that letter generally states the right to appeal the Ministry's decision to the Licence Appeal Tribunal.

What the Tribunal does

The LAT is an independent adjudicative body, not a branch of the Ministry, and it makes its own decision based on the facts and the medical evidence presented to it — it isn't simply reviewing whether the Ministry followed its own process. Because the Tribunal generally doesn't have direct access to Ministry records, the person appealing needs to supply their own supporting medical evidence, such as a current report from a treating physician addressing the specific condition at issue.

What can — and can’t — be appealed

Generally, all medical licence suspensions can be appealed to the LAT. One notable exception: suspensions specifically for failing to meet mandatory vision standards are commonly reported as not appealable to the Tribunal. Separately, a short-term administrative suspension connected to impaired driving (distinct from a longer-term medical suspension) is its own category, with its own limited grounds for appeal.

What the Tribunal generally weighs

In deciding a medical appeal, the Tribunal generally weighs whether the condition at issue, assessed as of the relevant time, genuinely posed a risk to safe driving — both sides can present medical evidence on this question. Reinstatement commonly depends on a satisfactory medical report, or on documented symptom-free time, depending on the specific condition involved.

Frequently Asked Questions

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