In Hart v. The Superintendent of Motor Vehicles and The Attorney General of British Columbia 2001 BCSC 1143, Mr. Justice Macaulay quashed an adjudicator’s decision on the basis there was no sworn statement from a police officer in evidence as required under s. 94.3(d) of the Act, and remitted the matter for re-hearing, with no direction that a sworn statement from the police officer, if obtainable, not be considered by the adjudicator.
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