Judicial Review of IRP Decisions
Many people wonder what to do if they are not successful in their IRP or DUI review case. Kyla Lee has a proven track record in BC Supreme Court with judicial review of administrative decisions in the Immediate Roadside Prohibition and Administrative Driving Prohibition review schemes. Kyla Lee has extensive courtroom experience, persuading judges to overturn decisions of adjudicators in her clients’ cases.
Appealing a driving prohibition review decision can be a complex and technical legal process. It can also be time consuming and confusing without the right legal representation. Lawyer Kyla Lee is experienced and knowledgeable in this area, and will take your case to court to try to achieve the best outcome possible.
How to Appeal an IRP Decision
An appeal of an unsuccessful driving prohibition review decision is called a judicial review. Judicial review takes place in BC Supreme Court. The process is started by filing a document called a Petition to the Court setting out the facts, the issues, and the legal basis for the argument. The Petition is then served on the lawyers for the government. It must be supported by an Affidavit setting out the review record in the case.
How Long Does an Appeal Take
The time for a judicial review can vary based on the case and the circumstances. Some cases have arguments that take a short time, while some can take a day or even several days. Kyla Lee has argued numerous judicial reviews in BC Supreme Court, which have lasted anywhere from a few minutes to several days. Her extensive experience in this area allows her to get the best insight into how long the case is likely to take.
Most judicial review hearings last about two hours. However, getting to the hearing also takes time. There is the time required to file the Petition, and timelines set out in the Supreme Court Rules for how long the Government has to respond to the case. Additionally, there are limited court resources available and court time may not always be available to hear the case. A judicial review can take anywhere between 21 days to several months, and sometimes years.
The Time Limit to File An Appeal
The Judicial Review Procedure Act governs appeals, or judicial reviews, of Immediate Roadside Prohibition review decisions. Although there is no explicit time limit in the legislation, the court can refuse to hear a judicial review case if it believes the responding party has been prejudiced by the delay in bringing the case. For this reason, it is best to contact a lawyer like Kyla Lee, who is experienced in judicial review appeals, as soon as possible after you receive your decision.
What You Can Expect if You Hire a Lawyer to Appeal Your Case
If you hire Kyla Lee to handle your judicial review case, the first step she will take will be to review the evidence, submissions, and the decision of the adjudicator to determine whether you have arguments in your case. After this, Kyla Lee will provide you with an in-depth analysis of the issues in the case and whether it is worth moving forward.
If the case has arguments worthy of merit in BC Supreme Court, Kyla Lee will file the Petition to the Court in your case and get the process started. If there is no chance of success, you will be fully informed of that and the case will not proceed any further. Of course, no lawyer can guarantee an outcome and moving forward is not a guarantee that you will succeed in your case.
Getting Your License Back During an Appeal
In some cases, the court can order that your license be reinstated pending the outcome of your judicial review proceeding. However, this is not automatic and does not happen in every case. The law requires that a person would suffer irreparable harm without their license, which means that you have to be able to demonstrate the hardship you would suffer if you did not have a license. This must be more than minor inconvenience.
To get your license back during a judicial review of your Immediate Roadside Prohibition review decision requires a separate application to the court, with a separate hearing to take place in advance of the hearing on the merits of the Petition itself. It is best to only proceed with these reinstatement hearings in the event they have a strong chance of success, as otherwise the case can become delayed and court time is wasted.
What Happens at a Judicial Review Hearing
At your judicial review hearing, the BC Supreme Court judge will hear arguments from your lawyer Kyla Lee and the lawyers for the Government. The judge is required to review the material that was placed before the adjudicator, as well as the decision, and determine whether the outcome is reasonable. The Court is required to give deference to the adjudicator’s decision, and the burden is on you to show why it was flawed. This is why an experienced lawyer is necessary for success in your judicial review case.
Except in limited circumstances, you cannot raise new arguments or evidence at a judicial review appeal of your IRP decision.
Winning an Appeal of an IRP Decision
If you are successful in your judicial review of an Immediate Roadside Prohibition review decision, the remedy is typically a new hearing in front of a different adjudicator. It does not mean that your case is automatically going to be successful or that you have won everything. There are some occasions where the Court will simply cancel the prohibition, but that only occurs in the clearest of cases.
Kyla Lee will conduct your new hearing with the different adjudicator. If your case was lacking in some evidence or argument, or there are new arguments that were not made at your original hearing, Kyla Lee will make those arguments at the new hearing in addition to any other arguments that may be successful.
In some cases, the matter can be sent back to the same adjudicator for reconsideration on a particular point, or with a direction to consider a piece of evidence or argument that was not considered at the hearing. In these circumstances you will not have the opportunity to present new arguments or evidence.
Avoiding an Appeal of an IRP Decision by the Adjudicator
The best way to keep from having to appeal by judicial review the decision of an adjudicator is to succeed in your Immediate Roadside Prohibition review case. Kyla Lee is a lawyer with unparalleled success in this area, and has succeeded in thousands of IRP review decisions. It is always better to get the best outcome in the case the first time around, rather than to leave it to an appeal.