Court of Appeal

CASE NO.                                                     VOL. NO.                                           PAGE

MICHAEL HUBLEY             - and -            HER MAJESTY THE QUEEN in the

right of the PROVINCE OF NOVA

SCOTIA, represented by the

MINISTER OF JUSTICE

Appellant                                                                               Respondent

C.A. No. 157409                               Halifax                                   ROSCOE, J.A.

                          [Cite as: Hubley v. Nova Scotia (Justice), 1999 NSCA 140]

APPEAL HEARD:                                       November 16, 1999

JUDMENT DELIVERED:                          November 16, 1999

WRITTEN RELEASE OF ORAL:             November 17, 1999

SUBJECT:               Motor Vehicle Act, s. 208(1)(c)   

SUMMARY:              The appellant, while driving an automobile without insurance, was involved in a motor vehicle accident which caused personal injuries to two people in another vehicle. As a result of the operation of s. 231(1) of the Motor Vehicle Act, the appellant=s driver=s license was suspended. When he applied to have his license restored pursuant to s. 231(5), the Registrar of Motor Vehicles required him to deposit security in the amount of $3,500.00. On application to the Supreme Court for approval of the form of bond with personal sureties, pursuant to s. 208(1)(c), the application was denied by the Chambers judge.

ISSUE:                       Whether the Chambers judge erred in the interpretation of s. 208 of the Act by determining that there should be an inquiry into the sufficiency of the amount set by the Registrar.

RESULT:                  Appeal allowed. The legislation required the Chambers judge to inquire into only the form of the security, not the amount. There is no provision in the Act for review of the amount set by the Registrar.