Is it improper for the adjudicator or this court to infer that the difference between the serial number in the Report to Superintendent and the one in the calibration certificate was a typographical error?
British Columbia, Canada
The following excerpt is from Ucrainet v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 789 (CanLII):
I agree with the petitioner that it would be improper for the adjudicator, or this court, to infer that the difference between the serial number recorded in the Report to Superintendent and the one in the calibration certificate was a typographical error or a mere technical irregularity. To do so would be to apply a presumption of accuracy unsupported by the evidence, something the courts have regularly warned against: Modhgill v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1971 at para. 8 and Verdonk v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 215 at paras. 45-46.
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