Over the last six months we developed a unique argument that will likely change the rules concerning ADP and IRP hearings conducted at the OSMV tribunal. This argument was used as part of one of our IRP appeals.
Lawyers for the government considered our written argument and chose not to oppose us concerning this argument on an IRP Supreme Court review. Rather than take the case to court (and perhaps risk a decision that would then open the doors to further litigation) they agreed that we were right in that particular case and instructed the OSMV to grant our client a new hearing.
We are awaiting a decision on the new hearing.
In the meantime, however, we are now advancing the argument in ADP review hearings before the OSMV tribunal. Over the years many lawyers argued these points, but were told that the Charter was not an issue on the review and left it at that. But the first decision we have received since making the argument has come back without the typical language. There appears to be a grudging acceptance that the Charter must be applied to OSMV reviews. Our job now is to ensure that the correct law is applied as it pertains to the arguments.
What does this mean?
A great deal. It means that we have already come a long way from the way hearings were conducted even a month ago. But it also means that there is still a long way to go. In our view, the higher courts have given clear direction on this point. To ensure that the law is applied on ADP and IRP reviews, we will continue to litigate in order to protect the rights of British Columbians.
If you have received an ADP or an IRP recently, contact us and we can discuss whether the new developments in the law may work in your case. We are prepared to do what it takes to ensure that ADP and IRP hearings are conducted in accordance with Charter principles.
Protecting your rights is important to us. Call our office and ask to speak with Paul for more information.