In what circumstances will the adjudicator refuse to order production of an audio-visual recording of an incident where a motor vehicle accident occurred?

British Columbia, Canada


The following excerpt is from Walji v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1906 (CanLII):

In my view, these arguments overlook the statutory scheme’s required disclosure and the obligation of the petitioner to seek production of the audio-visual recording if he seeks to have it in evidence. Given its production was not required it is not surprising that the adjudicator did not address it. In addition the mere notation that the incident was recorded does not in my view lead to the inference that the constable was bolstering his credibility. In any event, read in the context of all of the other evidence, particularly the detailed evidence of the constable, it does not in my view support a finding of adverse credibility. It must also be remembered that there is no obligation on the adjudicator to address every argument presented (Whyte v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 454 at para. 18.

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