What is the current state of the law in the context of a driving prohibition review?
British Columbia, Canada
The following excerpt is from Giesbrecht v. British Columbia (Superintendent of Motor Vehicles), 2011 BCSC 506 (CanLII):
The cases involving driving-prohibition reviews have held that it is not appropriate to import into the process the procedural protection an accused enjoys in the criminal law context: Bahia v. British Columbia (Superintendent of Motor Vehicles), 2006 BCCA 511 at para. 24. The adjudicator’s decision is based on the evidence before him, and as long as there is some evidence upon which the finding could be made the court should not interfere: Nagra at paras. 27 and 28.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the language of judicial review in a civil law context? (British Columbia, Canada)
What is the reasonableness standard in the context of a judicial review of an administrative driving prohibition? (British Columbia, Canada)
Does a license suspension, driving prohibition or other interference with driving privileges imposed by the Superintendent of Motor Vehicles need to be reviewed to determine if the license is valid? (British Columbia, Canada)
What is the current state of the law on the interpretation of evidence in a roadside prohibition application review? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
What is the current state of the law on new evidence in a judicial review? (British Columbia, Canada)
What is the current state of the law on disclosure of documents in the context of the Bylaw? (British Columbia, Canada)
What is the legal test for judicial review of a 24-hour driving prohibition? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
What is the current state of the law in the context of tripping on the edge of a sidewalk? (British Columbia, Canada)
