MOTOR VEHICLES AND HIGHWAY TRAFFIC - Driver licensing - Liability and offences

Law360 Canada ( March 25, 2026, 9:46 AM EDT) -- Appeal by Gregory from a decision dismissing her statutory appeal of the Registrar of Motor Vehicles’ (Registrar) cancellation of her driver’s licence. The Registrar cancelled the licence following concerns raised by police and after Gregory failed two recent driving examinations. Gregory argued that the Registrar made mistakes in assessing her driving fitness, failed to consider the personal hardship she would suffer if she lost her licence and improperly interpreted the results of her driving tests. She also asserted that the Registrar misused the driving examinations as disguised vision tests and concealed parts of a video recording from her Aug. 8, 2023, driving examination. Gregory sought to adduce fresh evidence consisting of government publications, medical-fitness materials, correspondence from the Registrar, and an unsworn statement, arguing these materials showed procedural unfairness and improper testing. The Registrar opposed admission of the fresh evidence and maintained that the statutory appeal judge applied the correct appellate standards, properly reviewed the administrative decision, and reasonably concluded that the record supported cancellation. The issues were whether the proposed fresh evidence met the Palmer test and whether the statutory appeal judge erred in identifying or applying the standard of review, including whether the Registrar’s assessment of hardship, past driving record, and driving test results contained legal or palpable and overriding error. Gregory also argued she lacked a reasonable opportunity to respond at the statutory appeal hearing....
LexisNexis® Research Solutions

Related Sections