We are starting to flesh out the Government’s position concerning people who are serving 90-day IRPs.
There are two general classes of individuals:
- those who applied to review the IRP; and
- those who missed the 7-day period in which to file an Application for Review.
In our view, anyone who received a 90-day IRP should be entitled to have it unwound immediately. We think this is the right thing to do bearing in mind the recent BC Supreme Court decision.
Newspaper articles published on the weekend indicate that the Government is taking the position that this decision, for some reason unknown to law, only applies in the future. Obviously, we disagree.
After considering the implications of the decision, it appears to us that it is likely that the matter will be appealed. This means that the matter may be unresolved for months to come.
Bearing in mind the position that the Government is taking, we are advising our clients to appeal the review decisions in Supreme Court. We are filing Petitions for each client who instructs us to appeal the OSMV review decision. If you wish us to file a Petition, please telephone our office.
With regards to people who missed the 7-day period, in our view an unlawful law cannot prohibit you from obtaining a remedy from court. We are now advising our clients to seek an extension of the 7-day period in which to file for a review. If you wish us to seek an extension of the time to file an application for review, please telephone our office.