Does the correctness standard apply to a driver who is unable to drive a vehicle in a parking lot?

British Columbia, Canada


The following excerpt is from Hazelhurst v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 72 (CanLII):

While there may be room for application of a correctness standard in some circumstances (Ema v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 47), such circumstances do not emerge in this case.

As to the Charter arguments advanced, I adopt the decision of Bracken J. in Williams v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1976, and conclude that it is not open to the adjudicator to grant Charter relief, and thus the adjudicator is not required to decide Charter issues. This leads me to conclude, in turn, that on a review of the adjudicator's decision, this court ought not to consider or apply Charter principles, as to do so would be to subject the decision under review to an entirely different standard than was open to the adjudicator.

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