Thousands of people will be affected by this.
Today at 9:00 a.m. the BC Supreme Court rendered its decision in Wendy Richardson v. The Superintendent of Motor Vehicles, confirming that the decision in Wilson v. The Superintendent of Motor Vehicles is the law with respect to 90-day IRPs issued on the basis of an ASD Fail. This is really big news.
What this means is that IRPs issued by a police officer who did not have the correct opinion properly expressed must be revoked by the tribunal upon review. This has now been confirmed as having been a ground for review of an IRP. The Office of the Superintendent of Motor Vehicles has refused to apply the law as far back as September 20, 2010.
Going forward we expect significant changes in how IRPs are issued and how the matters will be dealt with when we conduct IRP hearings.
Most important – Your old or existing IRP
Anyone who conducted a review of their IRP before the Superintendent of Motor Vehicles should absolutely have a lawyer look at the evidence and the decision to consider a judicial review. There is a significant likelihood that your IRP can be revoked, you can get your money back, etc.
We expect to be working 14 hour days for the next two weeks to get the paperwork done in all of these appeals.
Congratulations to Kyla Lee who argued the matter in BC Supreme Court.