MacKinnon v. Registrar of Motor Vehicles (P.E.I.), (1984) 48 Nfld. & P.E.I.R. 328 (PEISC)

• Judge: McQuaid, J.
• Case Date: June 09, 1984
• Jurisdiction: Prince Edward Island
• Citations: (1984), 48 Nfld. & P.E.I.R. 328 (PEISC)

MacKinnon v. Reg. Motor Vehicles (1984), 48 Nfld. & P.E.I.R. 328 (PEISC);

    142 A.P.R. 328

MLB headnote and full text

MacKinnon v. Registrar of Motor Vehicles For Prince Edward Island

(No. GDC-5008)

Indexed As: MacKinnon v. Registrar of Motor Vehicles (P.E.I.)

Prince Edward Island Supreme Court

McQuaid, J.

June 21, 1984.

Summary:

The Registrar of Motor Vehicles suspended the licence and driving privileges of a driver for an indefinite period, pursuant to s. 250(1) of the Highway Traffic Act. The driver appealed. The Prince Edward Island Supreme Court allowed the appeal on the ground that the Registrar had no authority to suspend driving privileges for an indefinite period. The court remitted the matter to the Registrar to impose such definite period of suspension as in his opinion was appropriate.

See also the case of Re Arsenault, 48 Nfld. & P.E.I.R. 323; 142 A.P.R. 323.

Administrative Law - Topic 1207

Classification of power or function - Quasi-judicial - Licensing authority - Suspension or cancellation - The Prince Edward Island Supreme Court stated that the Registrar of Motor Vehicles acted in a quasi-judicial fashion in cancelling or suspending a driver's licence under s. 250(1) of the Highway Traffic Act - See paragraph 27.

Motor Vehicles - Topic 7227

Licensing and regulation of drivers - Licence - Suspension of - Habitually negligent driver - The Prince Edward Island Supreme Court determined the meaning of "for any other reason" in s. 250(1) of the Highway Traffic Act, respecting the grounds upon which the Registrar of Motor Vehicles may cancel or suspend the licence of a person unfit to act as a driver - See paragraphs 9 to 14.

Motor Vehicles - Topic 7230

Licensing and regulation of drivers - Licence - Suspension of - Term of suspension - The Prince Edward Island Supreme Court held that the Registrar of Motor Vehicles had no authority under s. 250(1) of the Highway Traffic Act to indefinitely suspend a driver's licence - See paragraph 15.

Statutes - Topic 502

Interpretation - Intention of legislature - The Prince Edward Island Supreme Court determined the intent of the legislature in enacting s. 250(1) of the Highway Traffic Act by analyzing the component parts of the section, each in relation to the other, rather than in the narrative form in which it appeared - See paragraph 9.

Statutes - Topic 2584

Interpretation - Words and phrases - Ejusdem generis rule - When rule applies - General words following particular words - The Prince Edward Island Supreme Court held that the ejus dem generis rule applied only where the particular words, preceding the general words, identified a common class with common characteristics, i.e. a genus - The court refused to apply the rule to determine the meaning of "for any other reason" in s. 250(1) of the Highway Traffic Act - See paragraph 11.

Words and Phrases

For any other reason - The Prince Edward Island Supreme Court discussed the meaning of the phrase "for any other reason" as found in s. 250(1) of the Highway Traffic Act, R.S.P.E.I. 1974, c. H-6 - See paragraphs 9 to 14.

Words and Phrases

For such period as the registrar may think fit - The Prince Edward Island Supreme Court discussed the meaning of the phrase "for such period as the Registrar may think fit" as found in s. 250(1) of the Highway Traffic Act, R.S.P.E.I. 1974, c. H-6 - See paragraph 15.

Statutes Noticed:

Highway Traffic Act, R.S.P.E.I. 1974, c. H-6, sect. 90 [paras. 20, 22]; sect. 248(1) [paras. 21 to 22]; sect. 250(1) [paras. 4 to 5]; sect. 255 [paras. 18 to 20, 23].

Counsel:

Wayne D. Cheverie, for the appellant;

Charles P. Thompson, for the respondent.

This appeal was heard before McQuaid, J., of the Prince Edward Island Supreme Court on June 9, 1984, whose decision was delivered on June 21, 1984.