Can a different officer than one who has formed the necessary reasonable reasonable grounds serve a notice of prohibition?

British Columbia, Canada


The following excerpt is from Lemoal v. British Columbia (Superintendent of Motor Vehicles), 2005 BCSC 1057 (CanLII):

Finally, in Newman v. British Columbia (Superintendent of Motor Vehicles), 2004 BCSC 1135, a different officer than the one who had formed the necessary reasonable and probable grounds served the notice of prohibition. The court concluded that s. 94.1 required the officer who had the reasonable and probable grounds to also serve the notice.

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