What is the scope of the court's authority under s. 94 of the BC S. 94(1) of the Motor Vehicles Act?
British Columbia, Canada
The following excerpt is from Khouchaba v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 1214 (CanLII):
In Paik v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 1332, Madam Justice Allan described the scope of the court’s authority under s. 94 as follows at para. 9: … Section 94 of the Act restricts the jurisdiction of this court to either dismiss the appeal or allow it and order the Superintendent to terminate the prohibition. I have no discretion to reduce the length of that prohibition, to impose conditions on it, or to substitute any other penalty such as a fine in its place.
The standard of appellate review, in appeals under s. 94, has been established to be reasonableness. See for example in Withrow v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 451, Macaulay J. stated starting at para. 14:
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