What is the standard of review applied to a Superintendent of Motor Vehicles?
British Columbia, Canada
The following excerpt is from Dhaliwal v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 873 (CanLII):
The parties agree that the standard of review to be applied in this appeal asks whether the decision was reasonable. This is a deferential standard of review, in recognition of the Superintendent’s specialized expertise within a discrete and special administrative regime mandated to ensure the safety and well-being of the public on our highways: Paik v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 1332 at para. 5. The reviewing court is concerned with “the existence of justification, transparency and intelligibility within the decision-making process”, and asks “whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law”: Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 47.
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