Canada Case Law

Singh v. British Columbia (Superintendent of Motor Vehicles)

Court

Supreme Court of British Columbia

The court upheld the Adjudicator's decision as reasonable because the Adjudicator applied the correct standard and burden, cogently preferred the officer's detailed account corroborated by ASD status messages over vague and inconsistently detailed witness statements, and provided transparent reasons for discounting the witnesses, thereby justifying the conclusion that the petitioner failed or refused to provide a valid breath sample.

Source excerpt

• Immediate roadside prohibition
• Approved screening device
• Credibility assessment
• Standard of review
• Burden of proof

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Qi v. Hill

Court

Supreme Court of British Columbia

The court dismissed a landlord’s judicial review of RTB decisions awarding tenant compensation under s. 51 RTA, finding no patent unreasonableness or fairness breach.

• Notice to end tenancy
• Tenant compensation s.51 rta
• Extenuating circumstances
• Standard of review - patent unreasonableness
• Review on new evidence and fraud
• Interpreter rights

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Do v. British Columbia (Superintendent of Motor Vehicles)

Court

Supreme Court of British Columbia

The court dismissed judicial review of an IRP review decision, holding the adjudicator reasonably preferred the officer’s detailed evidence and rejected the dentures excuse.

• Immediate roadside prohibition
• Vehicle impoundment
• Reasonableness review
• Credibility assessment
• Standard of review
• Administrative-law

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