What is the legal test for overturning a driving prohibition against a Superintendent of Motor Vehicles?
British Columbia, Canada
The following excerpt is from Davis v British Columbia (Superintendent of Motor Vehicles), 2019 BCSC 1005 (CanLII):
On review, an adjudicator confirmed the driving prohibition. On judicial review, the chambers judge granted the petition, set aside the adjudicator’s decision and remitted the matter for reconsideration: Mackenzie v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 2392. The Superintendent appealed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for using the word "superintendent of Motor Vehicles" in a motor vehicle application? (British Columbia, Canada)
Does a license suspension, driving prohibition or other interference with driving privileges imposed by the Superintendent of Motor Vehicles need to be reviewed to determine if the license is valid? (British Columbia, Canada)
What is the test for a decision by the Superintendent of Motor Vehicles to prohibit an 18-year-old driver from driving for two months? (British Columbia, Canada)
What is the test for judicial review of a decision by a Superintendent of Motor Vehicles under s. 215.5 of the Motor Vehicle Act? (British Columbia, Canada)
Can a motor vehicle prohibition be confirmed on the basis that the petitioner did not intend to put his vehicle in motion when he got in the vehicle? (British Columbia, Canada)
What is the test for challenging a decision of a delegate to the Superintendent of Motor Vehicles to grant a driving prohibition? (British Columbia, Canada)
What is the legal basis set out in a petition seeking to overturn a prohibition on driving under the influence of alcohol? (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)
What is the test for a 24-hour driving prohibition under s. 215(3) of the Motor Vehicle Act? (British Columbia, Canada)
In a motor vehicle accident case, is a driver allowed to drive his vehicle while unlicensed? (British Columbia, Canada)
