What is the effect of a stay of an administrative driving ban on an appellant?
British Columbia, Canada
The following excerpt is from Parker v Superintendent of Motor Vehicles, 2017 BCSC 1300 (CanLII):
There is a useful discussion in Sellors v. British Columbia (Superintendent of Motor Vehicles), 2007 BCSC 313. Both counsel drew my attention to para. 33 of that decision, where Mr. Justice Chamberlist said this: In Balderston, supra, Mr. Justice Donald commented that irreparable harm existed in that case as it would in all cases of administrative driving prohibitions “because if a stay is not granted, the appellant will have served the prohibition prior to the hearing of the appeal thereby rendering the appeal nugatory”.
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