Does this court have the power to quash an administrative driving ban?
British Columbia, Canada
The following excerpt is from Quigley v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 523 (CanLII):
The entire matter has been plagued by the investigating police officer’s ineptitude. Although the defence arguments urging this court to quash the adjudicator’s decision would have merit in criminal proceedings, they do not apply here since this is a civil matter. Henderson J., in Pointon v. British Columbia (Superintendent of Motor Vehicles), [2000] B.C.J. No. 1778 (Q.L.) (B.C.S.C.), concluded in a similar case pertaining to the same sections that this court does not have the power to quash an administrative driving prohibition but can only remit the matter back to the Superintendent with directions for a rehearing. That is the appropriate remedy here and accordingly I remit the matter to the Superintendent.
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