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

The case of Ahmad v British Columbia (Superintendent of Motor Vehicles) involves Syed (Joe) Ahmad who was 86 years old at the beginning of this story. Mr. Ahmad suffered from a number of health issues and based on a DMER submitted by his doctor, the Superintendent of Motor Vehicles requested the results of the in-office cognitive screening tests.

The Montreal Cognitive Assessment indicated a score of 23/30 raising concerns that Mr. Ahmad's fitness to drive might be affected. He was ordered to undergo an Enhanced Road Assessment (ERA) with ICBC.

The results of the ERA indicated 3 dangerous actions, driving inappropriately slowly for conditions, failing to perform sufficient shoulder checks, inappropriately assuming right of way and an inability to identify yield, do not enter and playground zone signs.

RoadSafetyBC directed ICBC to immediately cancel his driver's licence.

Mr. Ahmad requested that this decision be reconsidered and his doctor provided further health information. RoadSafetyBC offered a second ERA test in view of this, but this opportunity was not taken. Instead, Mr. Ahmad petitioned the courts for a review.

Mr. Justice Blake examined the standards for review, how the driver fitness scheme functions and the issues raised by Mr. Ahmad. He dismissed the petition for judicial review saying that Mr. Ahmad should have taken the second ERA or requested further reconsideration instead of initiating this action.