What is the burden of proof in a review of an immediate roadside prohibition?
British Columbia, Canada
The following excerpt is from Byron v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 1125 (CanLII):
Pursuant to s. 215.5(1) the burden of proof in a review of an immediate roadside prohibition is on the applicant. The review hearing is in the nature of a civil proceeding in which issues are decided on a balance of probabilities: Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154 at para. 18.
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