Morrow v. British Columbia et al., (1999) 10 B.C.T.C. 166 (SC)

• Judge: Sinclair Prowse, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: March 30, 1999
• Jurisdiction: British Columbia
• Citations: (1999), 10 B.C.T.C. 166 (SC)

Morrow v. B.C. (1999), 10 B.C.T.C. 166 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. MY.107

Robert James Morrow (appellant) v. Her Majesty The Queen in Right of the Province of British Columbia and the Superintendent of Motor Vehicles (respondent)

(S051137)

Indexed As: Morrow v. British Columbia et al.

British Columbia Supreme Court

New Westminster

Sinclair Prowse, J.

April 20, 1999.

Summary:

Morrow incurred nine driving infractions within two years. Morrow's licence was suspended for three months. Seven days after the imposition of this prohibition Morrow was stopped while driving his motor vehicle. The Superintendent of Motor Vehicles for British Columbia prohibited Morrow from driving for one year. Morrow appealed, asserting, inter alia, that the Superintendent fettered his discretion by imposing a blanket pre-determined policy.

The British Columbia Supreme Court allowed the appeal, holding that the Superin­tendent fettered his discretion by imposing a blanket predetermined policy. The Superin­tendent's policy was to automatically impose a one year driving suspension against drivers who drove while prohibited. The Superin­tendent, in exercising his discretion, had a duty to be fair and could not impose a pro­hibition blindly on the basis of policy.

Administrative Law - Topic 8264

Administrative powers - Discretionary powers - Fettering of discretion - See paragraphs 1 to 22.

Administrative Law - Topic 8347

Administrative powers - Review of discre­tionary powers - Requirement that discre­tion be exercised reasonably - See para­graphs 1 to 22.

Motor Vehicles - Topic 7230

Licensing and regulation of drivers - Licence - Suspension of - Term of suspen­sion - See paragraphs 1 to 22.

Motor Vehicles - Topic 7235

Licensing and regulation of drivers - Licence - Suspension of - Setting aside - Grounds - See paragraphs 1 to 22.

Motor Vehicles - Topic 7240

Licensing and regulation of drivers - Licence - Suspension of - Appeals and judicial review - See paragraphs 1 to 22.

Cases Noticed:

Buhlers v. Superintendent of Motor Vehicles (B.C.) et al. (1999), 119 B.C.A.C. 207; 194 W.A.C. 207 (C.A.), refd to. [para. 4].

Landriault v. Superintendent of Motor Vehicles (B.C.) (1994), 5 M.V.R.(3d) 306 (B.C.S.C.), refd to. [para. 5].

Sebastian v. Workers' Compensation Board (Sask.) (1993), 112 Sask.R. 111 (Q.B.), refd to. [para. 6].

Lloyd v. Superintendent of Motor Vehicles (B.C.) (1971), 20 D.L.R.(3d) 181 (B.C.C.A.), refd to. [para. 7].

Richmond Cabs Ltd. v. Motor Carrier Commission (B.C.), [1992] B.C.J. No. 1382 (S.C.), refd to. [para. 19].

Cardinal and Oswald v. Kent Institution (Director), [1985] 2 S.C.R. 643; 63 N.R. 353; 49 C.R.(3d) 35; [1986] 1 W.W.R. 577; 23 C.C.C.(3d) 118; 24 D.L.R.(4th) 44, refd to. [para. 19].

Hundal v. Superintendent of Motor Vehicles (B.C.) (1985), 20 C.C.C.(3d) 466 (B.C.C.A.), refd to. [para. 20].

Authors and Works Noticed:

de Smith, S.A., Judicial Review of Admin­istrative Action (2nd Ed.), p. 294 [para. 6].

Counsel:

P. Scarisbrick, for the plaintiff;

L.Z. Carvalho, for the defendant.

This appeal was heard on March 30, 1999, at Vancouver, British Columbia, before Sinclair Prowse, J., of the British Columbia Supreme Court, New Westminster, who delivered the following judgment on April 20, 1999.