Can a police officer who failed to swear a sworn s. 94.3(d) report be adjudicated?
British Columbia, Canada
The following excerpt is from Quigley v. British Columbia (Superintendent of Motor Vehicles) et al., 2004 BCSC 200 (CanLII):
Matous followed Hart v. Superintendent of Motor Vehicles et al. 2001 BCSC 1143 in which Mr. Justice Macaulay quashed an adjudicator’s decision on the basis the adjudicator had breached the duty of fairness by bypassing the requirement of a sworn s. 94.3(d) report and considering a report the police officer had forgotten to swear.
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