CASE LAW - Lovse v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsRogan Lovse is a novice driver with a history of two speeding tickets and a two month driving prohibition brought on by those tickets. On receiving a third ticket for speeding, the Superintendent sent him a notice of intention to prohibit him from driving for five months.

Mr. Lovse applied to have this decision reviewed as without a driver's licence, he would be unable to perform his chosen occupation as a lighting technician and second assistant camera worker, and that the loss of income would cause a hardship within the household comprising Mr. Lovse and his girlfriend. Financial consequences included the likelihood that he may have to move from his home with his girlfriend, and also that he might lose his vehicle since he would be unable to afford the payments.

The five month prohibition was upheld by the reviewer.

A notice of appeal was filed and the Superintendent's decision was considered by Mr. Justice Kent. He explained that while financial hardship was something that the review could consider under the Superintendent's Driver Improvement Program guidelines, "the courts have repeatedly confirmed that significant economic hardship is not a factor for consideration in determining the reasonableness of a driving prohibition."

Mr. Justice Kent dismissed Lovse's appeal of the five month driving prohibition.


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