Petrov v. Superintendent of Motor Vehicles (B.C.) et al., 2015 BCCA 486

• Judge: Tysoe, Groberman and Dickson, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 26, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 486;(2015), 379 B.C.A.C. 297 (CA)

Petrov v. Superintendent (2015), 379 B.C.A.C. 297 (CA);

    654 W.A.C. 297

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. NO.045

Vladyslav Mykha Petrov (respondent/petitioner) v. The Superintendent of Motor Vehicles and Attorney General of British Columbia (appellants/respondents)

(CA41671; 2015 BCCA 486)

Indexed As: Petrov v. Superintendent of Motor Vehicles (B.C.) et al.

British Columbia Court of Appeal

Tysoe, Groberman and Dickson, JJ.A.

November 26, 2015.

Summary:

Petrov applied to the Superintendent of Motor Vehicles for a review of his immediate roadside driving prohibition. The issue was whether Petrov was informed of the right to provide a second breath sample as required by s. 215.42 of the Motor Vehicle Act. Petrov and his girlfriend, who was in the vehicle at the time, both provided affidavits that were very similar. The adjudicator confirmed the driving prohibition. Petrov applied for judicial review.

The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 274, found that the adjudicator's approach to credibility was flawed and unreasonable, and remitted the matter to the Superintendent for a rehearing. The Superintendent appealed.

The British Columbia Court of Appeal dismissed the appeal.

Motor Vehicles - Topic 7225.3

Licensing and regulation of drivers - Licence - Suspension of - Administrative or summary suspension - Impaired driving incidents - See paragraphs 1 to 40.

Motor Vehicles - Topic 7233

Licensing and regulation of drivers - Licence - Suspension of - Evidence and proof - See paragraphs 1 to 40.

Motor Vehicles - Topic 7235

Licensing and regulation of drivers - Licence - Suspension of - Setting aside - Grounds - See paragraphs 1 to 40.

Cases Noticed:

Kenyon v. Superintendent of Motor Vehicles (B.C.) et al. (2015), 379 B.C.A.C. 304; 654 W.A.C. 304; 2015 BCCA 485, refd to. [para. 1].

Clark v. Superintendent of Motor Vehicles (B.C.) et al. (2015), 383 B.C.A.C. 20; 661 W.A.C. 20; 2015 BCCA 487, refd to. [para. 1].

Spencer v. Superintendent of Motor Vehicles (B.C.) et al., [2011] B.C.T.C. Uned. 1311; 2011 BCSC 1311, refd to. [para. 20].

Nagra v. Superintendent of Motor Vehicles (B.C.) et al. (2010), 285 B.C.A.C. 133; 482 W.A.C. 133; 2010 BCCA 154, refd to. [para. 24].

Whyte v. Superintendent of Motor Vehicles (B.C.) et al. (2013), 344 B.C.A.C. 247; 587 W.A.C. 247; 2013 BCCA 454, refd to. [para. 24].

Scott v. Superintendent of Motor Vehicles (B.C.) et al. (2013), 348 B.C.A.C. 211; 595 W.A.C. 211; 2013 BCCA 554, refd to. [para. 24].

Wilson v. Superintendent of Motor Vehicles (B.C.) (2015), 476 N.R. 60; 2015 SCC 47, refd to. [para. 30].

Statutes Noticed:

Motor Vehicle Act, R.S.B.C. 1996, c. 318, sect. 215.41(3.1) [para. 6]; sect. 215.48(1) [para. 10]; sect. 215.49 [para. 11].

Counsel:

R.C. Mullett and A.K. Harlingten, for the appellants;

S.R. Wright, for the respondent.

This appeal was heard at Vancouver, British Columbia, on October 21 and 22, 2015, before Tysoe, Groberman and Dickson, JJ.A., of the British Columbia Court of Appeal. In reasons written by Tysoe, J.A., the Court of Appeal delivered the following judgment, dated November 26, 2015.