Does the interpretation of s. 93(1)(a)(ii) of the BCSC 2455 of the Statutory Regulation of Motor Vehicles apply in the context of a limitation in the meaning of the limitation in s.93(1)?
British Columbia, Canada
The following excerpt is from McEachern v. British Columbia (Superintendent of Motor Vehicles), 2019 BCCA 195 (CanLII):
It is also my view that the interpretation in Winthrope was in error, as it incorporated a limitation into s. 93(1)(a)(ii) that is not supported by the words of the statute, read in the proper context. I agree with the Superintendent that the reasoning of DeWitt-Van Oosten J. (as she then was) in Mace v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 2455, is an interpretation of s. 93(1)(a)(ii) that accords with the principles of statutory interpretation. It also shows appropriate deference to the Superintendent’s interpretation of the discretion granted in that section to impose driving prohibitions.
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