SUPREME COURT OF NOVA SCOTIA
Citation: Ryan v. Nova Scotia (Registry of Motor Vehicles), 2014 NSSC 91
Date: 20140306
Docket: Hfx. No. 420367
Registry: Halifax
Between:
John Donald Ryan
Applicant
v.
Crystal Rafuse, Deputy Registrar of Motor Vehicles
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Arthur W.D. Pickup
Heard: February 4, 2014 in Halifax, Nova Scotia
Subject: Judicial Review
Summary: The applicant, John Donald Ryan, sought admission into the Alcohol Ignition Interlock Program.
Mr. Ryan’s application was denied by the Deputy Registrar of Motor Vehicles because his driving privileges were permanently revoked because of four revocations within a ten year period.
Mr. Ryan sought a judicial review of the Deputy Registrar’s decision.
Issues: 1. Is there a reviewable decision?
2. If so, what is the applicable standard?
3. Does the decision of the Registrar meet the standard of review?
Result: There was no reviewable decision, as the Deputy Registrar made a purely administrative decision. It was also held that since Mr. Ryan was notified of his revocation by letter of June 2, 2005, he is now statute barred from having these revocations reviewed.
In the alternative, the decision of the Registrar was reviewed on a correctness standard, and the decision of the Deputy Registrar was found not to be in error, and the motion for judicial review was dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.