MacNeil v. Superintendent of Motor Vehicles (B.C.) et al. 2012 BCCA 360
Motor Vehicles - Licensing and regulation of drivers - Licence - Suspension of - Administrative or summary suspension (incl. impaired driving incidents)
MacNeil applied for an extension of the seven-day period for applying for a review of a 24-hour driving prohibition served under s. 215 of the Motor Vehicle Act. A delegate of the Superintendent of Motor Vehicles, an adjudicator, concluded that she had no authority to extend the seven-day period. MacNeil applied for judicial review.
The British Columbia Supreme Court, allowed the application, quashed the adjudicator’s decision and remitted the matter to the Superintendent to consider whether an extension should be granted in the circumstances. The Superintendent and the Attorney General of British Columbia appealed.
The British Columbia Court of Appeal allowed the appeal.