Month: May 2025

Babyn v Alberta (Director of Saferoads), 2025 ABKB 284 per Lew Silence On Service – Evidentary Tie – Burden Lies With The Recipient The Applicant sought judicial review of the Adjudicator’s decision confirming the Notice of Administrative Penalty (“NAP”). The Applicant argued that the record failed to demonstrate proper service of the NAP and that the police video, referenced in the officer’s notes, was necessary to determine the basis for the NAP and ought to have been disclosed. Held: Appeal Dismissed The evidentiary burden to prove the issue of service is equally applicable to both parties and its absence results in an evidentiary tie. Given the burden of proof, the recipient must produce evidence that can break the tie in his favour. However, a gap…