This decision relates to a judicial review of the decision of a delegate of the Superintendent of Motor Vehicles that confirmed a notice of an immediate roadside prohibition issued to the petitioner under section 215.41 of the Motor Vehicle Act

20. March 2018 0
Administrative law – Decisions reviewed – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Breathalyser test – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness Bawa v. British Columbia (Superintendent of Motor Vehicles), [2018] B.C.J. No. 29, 2018 BCSC 32, British ...

BC Supreme Court quashes driving prohibition when Officer’s issuance of the prohibition failed to meet the requisite standard of “reasonable and probable grounds to believe”

15. August 2017 0
Application for judicial review of administrative driving prohibition, with review conducted on the basis of the notice of prohibition and officer’s notes and report, in the absence of a conventional record of proceedings. Administrative law – Decisions reviewed – Motor vehicles – Suspension of driver’s licence – Judicial review – Standard of review – Reasonableness – Permits and licences Chatchot v. Jordan, [2017] ...

A driver (“Wilson”) was unsuccessful on his appeal from a finding of the British Columbia Court of Appeal reinstating a notice of driving prohibition on the basis of his roadside breath sample and a peace officer’s determination that he had reasonable grounds to believe that Wilson’s ability to drive was affected by alcohol

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Compliance with legislation – Statutory interpretation – Evidence – Standard of review – Reasonableness simpliciter – Legislation – Federal vs. provincial legislation Wilson v. British Columbia (Superintendent of ...

Petition for judicial review from decision of Human Rights Tribunal dismissing complaint because it was not filed in time.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Compliance with legislation – Limitation of actions – Standard of review – Patent unreasonableness Lewis v. British Columbia (Ministry of Public Safety), [2013] B.C.J. No. ...

Judicial review of decision of Superintendent of Motor Vehicles upholding roadside prohibition. Decision of Superintendent set aside on basis that “warn” reading on approved screening device was not, on its own, evidence to indicate petitioner’s ability to drive was affected by alcohol.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Judicial review – Permits and licences – Evidence – Standard of review – Reasonableness simpliciter Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1960, 2013 BCSC 1638, British ...

The Court denied the petition seeking an order in the nature of certiorari quashing a 24-hour driving prohibition against the petitioner driver, on the basis that the peace officer who issued the prohibition believed, on reasonable and probable grounds, that the driver’s ability to operate a motor vehicle was affected by a drug, other than alcohol. Merely showing that the officer may have been mistaken about the presence of drugs in her system did not negate the fact that she was driving as if she were on drugs. A reasonable and probable belief that a driver’s ability to drive has been affected by a drug includes the context of the driving itself, and rebutting the belief includes rebutting fault for that driving and not merely raising a question about the presence of drugs alone.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor Vehicles – Suspension of driver’s licence – Judicial review – Procedural requirements and fairness Wilson v. British Columbia (Superintendent of Motor Vehicles), [2013] B.C.J. No. 1778, 2013 BCSC 1458, British Columbia Supreme Court, August 13, 2013, T.M. McEwan J. The petitioner ...

A driver’s judicial review of a decision that he was out of time to review a 24-hour driving prohibition was dismissed

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Motor vehicles – Suspension of driver’s licence – Adjudication – Extension of time – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter MacNeil v. British Columbia (Superintendent of Motor Vehicles), [2012] B.C.J. No. 1795, 2012 ...

The Appellant Superintendent unsuccessfully appealed a decision of the British Columbia Supreme Court. The B.C. Supreme Court had granted, in part, the Respondent driver’s judicial review application in respect of an adjudicator’s driving prohibition.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Suspension of driver’s licence – Breathalyser tests – Certificate of analysis – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Mitchell v. British Columbia (Superintendent of Motor Vehicles), [2009] B.C.J. No. 1428, British Columbia Court of ...

The Province may be ordered to pay compensation under the Human rights legislation to a person who has been found to have been discriminated against by a government employee exercising statutory authority. The Court held that s.69 of the Administrative Tribunals Act (the “Act”) applied to all judicial review proceedings decisions of the British Columbia Human Rights Tribunal heard by the Court after October 15, 2004.

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Jurisdiction – Compliance with legislation – Continuing contravention – Damages – Crown immunity – Standard of review – Correctness British Columbia v. Bolster, [2007] B.C.J. No. 192, ...

The Petitioner sought judicial review of a decision of an Adjudicator of the Superintendent of Motor Vehicles confirming an administrative driving prohibition. The BCSC held that the standard of review was patent unreasonableness. The Court concluded that the Adjudicator’s decision was patently unreasonable and remitted the matter to re-hearing.

27. February 2007 0
Administrative law – Motor vehicles – Breathalyser test – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Superintendent of Motor Vehicles – Hearings – Conduct of hearings – Judicial review – Evidence – Admissibility – Procedural requirements and fairness – Standard of review – Patent unreasonableness Swanson v. British Columbia (Superintendent of Motor Vehicles), ...