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B.C. driver wins new hearing, arguing physician shortage makes doctor's note unfair

  • Marcin Stoklosa, a B.C. Driver ticketed for careless driving on June 28, 2024, won a second chance to dispute his traffic ticket after missing a court date due to illness.
  • Stoklosa missed the December 4, 2024 hearing because he became sick two days prior, and his lawyer argued that requiring a doctor's note is unfair amid a provincial doctor shortage.
  • Justice Sheila Tucker reviewed the case and found the original judge Robert Lesperance’s reasons unclear and problematic, noting that the decision lacked a rational chain of analysis.
  • Tucker stated that the expectation for a physician’s note presumes every ill person can and should visit a doctor, but she called this presumption "unrealistic and unfair."
  • The Supreme Court judge set aside the previous ruling as unreasonable and remitted the case for reconsideration by a different provincial court judge, allowing Stoklosa’s application to be heard anew.
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Cloverdale Reporter broke the news in on Monday, May 5, 2025.
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