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


The following excerpt is from Dewan v British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2463 (CanLII):

The petitioner challenges the delegate’s decision on the grounds that the report to the Superintendent was not validly sworn, and the delegate is prohibited from confirming a driving prohibition if the peace officer has failed to provide a sworn report to the Superintendent in the prescribed form: see Murray v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 363. Background

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