MOTOR VEHCILES AND HIGHWAY TRAFFIC - Driver licensing - Reinstatement

Law360 Canada ( November 29, 2024, 11:50 AM EST) -- Appeal by Clark from dismissal of his application for judicial review of Deputy Registrar’s (Registrar) decision that indefinitely revoked his driver’s license and disqualified him from re-instatement for minimum period of 10 years. The revocation of Clark’s driver’s license stemmed from his convictions for three offences under the Criminal Code: driving while impaired (by drugs), driving while disqualified, and operation of a conveyance while prohibited. On or about February 2022, Clark received two letters from the Registry of Motor Vehicles. The first letter stated that his license was revoked under s. 278 of the Motor Vehicle Act (Act) due to his conviction under s. 320.18(1) of the Criminal Code (Code), and he was eligible for reinstatement on February 25, 2025. The second letter informed Clark that his license was revoked for an indefinite period beginning February 25, 2022, due to three impairment-related revocations on his driving record within a 10-year period, and he was eligible for reinstatement after a minimum of 10 years. Clark filed an application for judicial review submitting that the Registrar erred in determining he was subject to an indefinite revocation and in asserting that the Act created an automatic revocation period and afforded no discretion to permit an earlier reinstatement. The hearing judge dismissed his application, concluding that by virtue of ss. 67(5)(ba) and 67(22A) of the Act, he was subject to an automatic license revocation of at least 10 years....
LexisNexis® Research Solutions

Related Sections