Re: B.F. v. British Columbia (Superintendent of Motor Vehicles)
BC Supreme Court
Lawyer: Kyla Lee
CASE FACTS:
Client was issued a 90-day Immediate Roadside Prohibition for failing an approved screening device test. The client had been in a rollover collision prior to police arrival. A witness reported the collision to police. Although the officer recorded the time of driving in the Report, there was no evidence of how the officer concluded the accident occurred at that time.
The adjudicator inferred that the time of driving was provided by the witness, because the witness provided other evidence and was reliable. The adjudicator also inferred that the officer determined an accurate time of driving through investigation.
ARGUMENT:
The adjudicator drew an unreasonable inference regarding the time of driving. There was evidence of what information the witness provided to the officer, but the time of driving was not among this evidence. Inferences needed to be supported by the evidence and the adjudicator’s conclusion was mere speculation.
HELD: MATTER REMITTED FOR REHEARING
There was no evidence to support the adjudicator’s inference. While it was within a range of possibilities, it was no more possible than many other inferences. The adjudicator’s decision was unreasonable.