MOTOR VEHICLES AND HIGHWAY TRAFFIC - Liability and offences - Licence suspension and cancellation

Law360 Canada ( February 7, 2025, 8:20 AM EST) -- Appeal by Superintendent of Motor Vehicles from chambers judge’s decision allowing Seidel’s application for judicial review, setting aside adjudicator’s decision, and ordering a new hearing before a different adjudicator. The appellant argued that the chambers judge erred in finding the adjudicator’s decision as unreasonable. A police officer initiated a traffic stop after he observed Seidel driving in the wrong direction on a one-way street. It was not disputed that the police officer had reasonable grounds to believe Seidel's ability to drive was affected by alcohol and demanded that Seidel provide a sample of his breath for analysis. Seidel was served a notice of driving prohibition after a failed approved screening device (“ASD”) result. Seidel sought a review of the driving prohibition. The adjudicator conducted an oral hearing. He upheld the driving prohibition and associated penalties. Seidel was prohibited from driving for 90 days. Seidel sought judicial review of the adjudicator's decision. The chambers judge allowed Seidel's application, set aside the decision, and ordered that a new hearing take place before a different adjudicator....
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