Does a decision confirming a driving prohibition be manifestly flawed or unreasonable?

British Columbia, Canada


The following excerpt is from Semeniuk v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 834 (CanLII):

On judicial review, Greyell J. concluded the adjudicator’s decision confirming the petitioner’s driving prohibition was not manifestly flawed or unreasonable. Where the petitioner knew the officer had reported the time of care or control as 23:15 but chose to provide no evidence concerning the time of driving or care or control, it was open to the adjudicator to draw an adverse inference from the driver's failure to testify: Longstaff v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 1594 at para. 30.

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