What is the standard of review of a decision by an adjudicator on an administrative driving ban?
British Columbia, Canada
The following excerpt is from Spina v. British Columbia (Superintendent of Motor Vehicles), 2011 BCSC 1717 (CanLII):
In cases such as this one where the review is concerned with an adjudicator’s findings of fact, or of mixed fact and law, the courts have affirmed that reasonableness is the appropriate standard of review. As noted by Groberman J.A. in Mitchell v. British Columbia (Superintendent of Motor Vehicles), 2009 BCCA 272, at para. 18: It is important to note that most of the decisions of adjudicators on administrative driving prohibitions deal with questions of fact or questions of mixed fact and law. It is for this reason that the courts have generally found it appropriate to grant deference to those decisions.
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