The BC Court of Appeal decision in Sivia v. the Superintendent of Motor Vehicles has now been released. You’ll find the appeal decision here.
We’re going over it and thinking about the implications right now. If you bet all your marbles on this case, expect disappointment. But don’t despair because as we’ve pointed out time and again, other avenues are opening to challenge your IRP.
We’re sorry to say that this is what we expected. Although the first version of the IRP scheme was and remains constitutionally invalid, the appeal court has gone no further.
Of course, there is still a good chance that the BC Court of Appeal decision in Sivia will now head to the Supreme Court of Canada. So hang on to some of those marbles.
We’ll give more updated commentary a little later today.
UPDATED: click here for our thoughts on the Court of Appeal decision.