What is the test for confirming a prohibition under section 94.6(1)(a) or (b) of the Vehicle Accident Prevention Act?
British Columbia, Canada
The following excerpt is from Johnson v. Superintendent of Motor Vehicles, 2002 BCSC 89 (CanLII):
The task of the Adjudicator is to review the evidence and information, and be satisfied as to which of the two conditions was present at the time the applicant had care or control of the vehicle. The burden under the Legislation is a civil burden. To confirm the prohibition the Adjudicator must be satisfied that it is more probable than not that the individual's circumstance was within s. 94.6(1)(a) or (b). Larose v. British Columbia (Superintendent of Motor Vehicles), [2000] B.C.J. No. 482 (BCSC) per Melvin J @ 22.
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