We started receiving letters last week from the OSMV concerning clients we acted for to dispute their IRP in November 2011. There were three variations on the letter but the essence was the same for each: the OSMV wants to have another hearing for an old IRP.
A year ago the BC Supreme Court found the IRP scheme as it was violated the Charter of Rights. Most people know this. We acted for a number of people in the weeks leading up to November 30, 2011, to conduct their IRP review hearing. In most of the cases, we conducted the hearing, made the submissions for our client and were then waiting for the decisions from the OSMV when the Sivia ruling came out.
The OSMV didn’t know what to do when the Sivia ruling came out. So they did nothing. They didn’t render decisions in any of the pending cases. Instead they gave themselves an extension of the time to render a decision, during which time each person could drive.
Now, a year after the fact, the OSMV is sending a letter to all of the people who had their prohibitions put in abeyance. The Government wants to conduct a new hearing and make these poor folks go through the entire process again.
As it stands there are probably a few hundred people in this situation, so if the Government can force these people back into the IRP punishment scheme, even a year down the road, it can add up to quite a bit of money in their coffers.
But really, can anyone believe this? Over a year after their scheme was found unlawful, and they publicly admitted it was flawed, they want to force people to re-do the hearing that was already conducted?
This is absurd and unjust in our view. People suffered personal, emotional and legal costs to defend themselves at their IRP hearing over a year ago. More incomprehensible yet is that they are doing this when Sivia is only a few months from a hearing in the BC Court of Appeal.
We’ll have a lot more to say on this in the days to come.
If you received a letter saying that the OSMV wants another hearing for an old IRP, then give us a call.
If you were one of the clients for whom we acted last year with an IRP received in November 2011, please telephone us if any of your contact information has changed. Chances are we have a letter from the OSMV with your name on it and we need to speak to you.
Update: The matter was litigated. Here’s the update (almost two years later).