What is the burden of proof for a driving prohibition?
British Columbia, Canada
The following excerpt is from Olson v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 1681 (CanLII):
The onus of proof of the essential elements for the validity of a driving prohibition is on the respondent rather than the petitioner. The burden of proof is on a balance of probabilities: Brown v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 1610 at para. 31.
Decisions of adjudicators, as delegates of the Superintendent, are reviewed on the standard of reasonableness: Wilson v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47 at para. 17.
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