What is the test for serving a notice of prohibition?
British Columbia, Canada
The following excerpt is from Helgesen v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 1391 (CanLII):
The task of the adjudicator is to review the evidence and information to determine whether the conditions required before an officer is entitled to serve a notice of prohibition were met. The burden falls on the officer to satisfy the adjudicator on the civil standard of proof. Accordingly, before confirming the prohibition, the adjudicator must be satisfied that it is more probable than not that the individual’s circumstances fell within s. 94.6(1)(a) or (b). See Larose v. British Columbia (Superintendent of Motor Vehicles), [2000] B.C.J. No. 482 at para. 22 (S.C.).
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