What is the importance of a properly sworn report being before the Superintendent of Motor Vehicles?
British Columbia, Canada
The following excerpt is from Brandon v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 296 (CanLII):
The necessity of a properly sworn report being before the Superintendent was decided upon in Murray v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 363. In that case, the report submitted to the Superintendent had not been sworn or affirmed in the presence of a notary or commissioner. The adjudicator had held that the unsworn report, while it might be given less weight, could be considered along with all other documents before him, by virtue of the aforementioned s. 215.49(1)(d). In upholding the chambers judge’s quashing of the adjudicator’s decision, Madam Justice Newbury said:
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