Is a Superintendent's Review based upon a written record based upon the Superintendent’s Review?

British Columbia, Canada


The following excerpt is from Guglielmini v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 1879 (CanLII):

Although the Superintendent’s review is based upon a written record without the benefit of oral testimony or cross-examination, the adjudicator is entitled to make findings of fact even in the face of conflicting evidence. As our Court of Appeal held in Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154 at paras. 27-28:

Other Questions


What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
How have courts interpreted Bolster Review Review Review for mixed fact and law? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Can a Superintendent of Education consider an unsworn report in a review of prohibitions imposed under the Motor Vehicle Act? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (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 judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.