What is the standard of review for a notice of driving prohibition?
British Columbia, Canada
The following excerpt is from Tynan v. The Superintendent of Motor Vehicles et al., 2004 BCSC 571 (CanLII):
The petitioner concedes that the standard of review I am to apply is one of patent unreasonableness in accordance with the decisions analyzed by Justice Macaulay in the case of Helgesen v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 1391. She also concedes that if she is successful in persuading me that the adjudicator delegated by the Superintendent to review the notice of driving prohibition has reached a patently unreasonable decision, I am to remit it back to the Superintendent for another hearing.
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