Jean Iu

The applicant brought a motion to extend the time to file an application for judicial review of a decision by the Motor Vehicle Dealers Compensation Fund.

The Fund had deferred consideration of her claim pending the outcome of a related civil trial.

The Divisional Court dismissed the motion, finding that the applicant failed to provide an acceptable explanation for the 13-month delay and that there were no apparent grounds for relief, as the Fund was entitled to require the applicant to obtain a judgment before paying compensation.

The applicants sought judicial review of a decision by the Director of the Office of the Independent Police Review Director (OIPRD) which found their complaints against a police officer unsubstantiated.

The Director had initially found evidence of misconduct and referred the matter for adjudication, but later reopened the investigation and reversed his decision after undisclosed communications with the police service.

The Divisional Court found that these undisclosed communications compromised the independence of the Director and breached procedural fairness.

The court quashed the Director's decision and remitted the matter for a fresh investigation by a different investigator.