Administrative law – Motor vehicles – Suspension of driver’s licence – Decisions of administrative tribunals – Transportation Safety Board – Judicial review – Jurisdiction of tribunal – Appeals – Standard of review – Reasonableness simpliciter Foster v. Alberta (Transportation and Safety Board), [2006] A.J. No. 1263, Alberta Court of Appeal, October 12, 2006, Ritter, Hunt and Berger ...
Administrative law – Motor vehicles – Adjudication – Breathalyzer test – Evidence – Suspension of driver’s licence – Judicial review – Natural justice – Procedural requirements and fairness Painter v. British Columbia (Superintendent of Motor Vehicles), [2006] B.C.J. No. 1545, British Columbia Supreme Court, July 11, 2006, Gill J. Painter brought an application to quash an ...
Administrative law – Motor vehicles – Suspension of driver’s licence – Judicial review – Failure to provide transcript of hearing – Evidence – Standard of review – Patent unreasonableness – Natural justice Foster v. Alberta (Transportation and Safety Board), [2005] A.J. No. 1027, Alberta Court of Queen’s Bench, August 23, 2005, Romaine J. The Applicant had been ...
Administrative law – Decisions of administrative tribunals – Motor vehicles – Suspension of driver’s licence – Evidence – Mandatory medical examination – Judicial review – Compliance with legislation Gyles v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No 2158, British Columbia Court of Appeal, October 21, 2004, Finch C.J.B.C., Esson and Newbury JJ.A. The Court of ...
Administrative law – Motor vehicles – Suspension of driver’s licence – Adjudication – Decisions of administrative tribunals – Judicial review – Compliance with legislation – Procedural requirements and fairness Neill v. British Columbia (Superintendent of Motor Vehicles), [2004] B.C.J. No. 1197, British Columbia Supreme Court, June 10, 2004, Cullen J. The Petitioner sought a review of an ...
Administrative law – Motor vehicles – Refusal of breathalyzer test – Suspension of driver’s licence – Adjudication – Evidence – Judicial review – Standard of review – Patent unreasonableness Hewitt v. British Columbia (Superintendent of Motor Vehicles), [2003] B.C.J. No. 1877, British Columbia Supreme Court, May 9, 2003, Williamson J. The Petitioner sought a judicial review of ...
Administrative law – Motor vehicles – Suspension of driver’s licence – Medical condition – Decisions of administrative tribunals – Medical Advisory Committee – Judicial review – Standard of review – Correctness Devlin v. Ontario (Registrar of Motor Vehicles), [2003] O.J. No. 2012, Ontario Superior Court of Justice, May 26, 2003, Pitt J. Devlin had experienced a single ...
Administrative law – Motor vehicles – Suspension of driver’s licence – Charter of Rights – Life liberty or security of the person – Law of reconsideration Thomson v. Alberta (Transportation and Safety Board), [2003] A.J. No. 420, Alberta Court of Appeal, April 11, 2003, Fraser C.J.A., Picard and Paperny JJ.A. As a general proposition, leave to reconsider ...
Administrative law – Motor vehicles – Refusal of breathalyser test – Suspension of driver’s licence – Stay of proceedings – Res judicata – Kienapple rule R. v. Frederickson, [2002] B.C.J. No. 2895, British Columbia Supreme Court, December 23, 2002, Ross J. This was an appeal from a decision of a Provincial Court judge to enter ...
Administrative law – Judicial review application – Breach of procedural fairness – Motor vehicles – Suspension of driver’s licence – Adjudication – Right to cross-examine arresting officer Cromie v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 2552, British Columbia Supreme Court, October 4, 2002, Melnick J. On April 6, 2002, Ms. Cromie was pulled ...