Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code?

British Columbia, Canada


The following excerpt is from Basi v. The Saanich Police Department, 2014 BCSC 593 (CanLII):

In the earlier case of Mohammed v. Wilson-Bates 2007 BCSC 1858, Koenigsberg J. awarded costs against a petitioner who was unsuccessful in seeking review of a police officer’s decision to prohibit the petitioner from driving for 24 hours pursuant to s. 215(3). But no reasons for this costs decision were given (although it should be inferred that the decision was based on the rule that costs should follow the event, unless otherwise ordered).

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