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|Digest: Kenyon v. British Columbia
(Superintendent of Motor Vehicles)
 B.C.J. No. 191
British Columbia Supreme Court
T.M. McEwan J.
February 3, 2014.
Transportation law — Motor vehicles and highway traffic
— Liability — Licence suspension and cancellation —
Administrative licence suspension — Conditions precedent —
Application by Kenyon for judicial review of a decision of the
Superintendent of Motor Vehicles upholding an immediate 90-day
roadside prohibition issued by a police officer allowed —
Applicant admitted that he was intoxicated but claimed he was
not a driver as he had no car keys — Officer's evidence that
he saw van moving was unconfirmed — Prohibition was revoked
— Crucial evidence as to whether applicant had the car keys
was lacking — Superintendent's resort to peripheral
credibility tests was both methodologically and substantively
Application by Kenyon for judicial review of a decision
of the Superintendent of Motor Vehicles upholding an immediate
90-day roadside prohibition issued by a police officer. Police
received a complaint of a naked man running on the road. A
witness pointed police to a van that the officer claimed was
moving slowly. The officer stopped the van and found the
applicant in the driver's seat completely naked. The applicant
showed signs of impairment and failed the roadside test. The
applicant admitted being intoxicated but claimed that he was
not the driver as he had no car keys. He was waiting for the
woman who had driven his car and taken the keys to return when
the officer approached him. The applicant had been intimate
with the woman and was thus naked.
The Superintendent did not
find the applicant's evidence credible.
HELD: Application allowed. The prohibition was revoked.
The Superintendent in this case was confronted with an
evidentiary record that lacked crucial evidence as to whether
the applicant had the means to put the vehicle in motion.
There was no evidence to support the officer's claim that he
saw the van in motion. There was no evidence, despite two
searches of the vehicle, that the keys were at the scene. The
Superintendent's resort to a series of peripheral credibility
tests was both methodologically and substantively unsound.
This was a case that could not safely be decided on the
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