What is the test for judicial review of a decision by the Superintendent of Motor Vehicles?

British Columbia, Canada


The following excerpt is from Passi v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 316 (CanLII):

It has been put this way by Mr. Justice Johnson in: Hazelhurst v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 72 at para. 26: This court must approach the adjudicator's decision with deference, on the basis that both findings of fact and interpretation of the Motor Vehicle Act provisions, particularly those relating to administrative driving prohibitions, are matters within the area the statute delegates to the Superintendent for decision-making. This court should intervene only if the decision under review is made outside the jurisdiction delegated to the Superintendent, or is outside a range of reasonable outcomes that can fairly emerge from the facts and the law before the Superintendent or a delegate.

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