What is the balance between convenience and the public interest?

British Columbia, Canada


The following excerpt is from Raeisi v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 1828 (CanLII):

In weighing the balance of convenience, I accept that there are factors that weigh in the petitioner's favour. However, I must also have regard to the public interest. As noted in Oughtred and Hemmerich [Hemmerich v. British Columbia (Superintendent of Motor Vehicles, 2014 BCCA 488], the aims of the legislation are entitled to significant weight. Given the serious societal problem of drinking and driving, as stated by Mr. Justice Goepel in Hemmerich, at para. 22: ". . . [t]he public interest in taking drinking drivers off the road in a timely way outweighs the most limited harm the applicants have established."

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