Nova Scotia driver allowed to keep new license 20 years after his old license suspended for drunk driving: Appeal Court

Nova Scotia’s Court of Appeal has ruled that the motor vehicle registrar was wrong to revoke the licence of a drunk driver 20 years after his license had been suspended, and then he obtained a new license under a changed name.
Roughly 20 years ago, Charles Burnell, as a result of alcohol-related convictions, lost his driver’s licence. He subsequently changed his name and secured a driver’s licence without first having applied to have his privilege to drive reinstated.
When the name-change was discovered in 2008 through a merge of records, the Deputy Registrar of Motor Vehicles notified Burnell that his licence was revoked. 
Burnell applied to quash this decision, on the basis the registrar had no jurisdiction to do so pursuant to s. 278 of the Motor Vehicle Act.
The lower court accepted Burnell’s argument, concluding that the registrar would had to have revoked the license at the time when the conviction records were received.
The registrar appealed, arguing that s. 278(2) revokes the licence and the privilege of obtaining a licence. Either revocation prevents an individual from obtaining a licence without first fulfilling the prerequisites detailed by the Motor Vehicle Act and its regulations.
A panel of Court of Appeal judges ruled that the registrar could have immediately suspend Burnell’s licence under s. 279, a decision that might then be subject to reconsideration following a hearing to which the respondent may be entitled.
“We would therefore dismiss the appeal with costs awarded to the respondent of $750, inclusive of disbursements,” the panel wrote.