Can a adjudicator hear evidence that attacks the basis for a 24-hour prohibition issued on November 14, 2015?
British Columbia, Canada
The following excerpt is from Sidhu v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 2160 (CanLII):
The adjudicator was required to take the driving record as it was provided to her. She was not entitled to hear evidence that attacked the basis for the 24‑hour prohibition issued on November 14, 2015: Atchison v. British Columbia (Superintendent of Motor Vehicles), 2006 BCSC 549 at paras. 17 and 20.
This Court has found that it is not unreasonable for the Superintendent to attach little or no weight to the economic consequences due to the loss of driving privilege: Scheffer v. Superintendent of Motor Vehicles, 2004 BCSC 258 at para. 38.
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