How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified?
British Columbia, Canada
The following excerpt is from Tsogas v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1742 (CanLII):
The adjudicator dealt with this issue by referring to the decision in Smithson v. Superintendent of Motor Vehicles and Attorney General of British Columbia, 2005 BCSC 411, noted that it was distinguishable on the facts, then said: There is no need to speculate or draw inferences with respect to the reason for the delay in your case – the officer clearly explains the reason in his evidence. I conclude the reason for the delay was legitimate and justified and accordingly I reject your lawyer’s argument in this regard.
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