How can an adjudicator make findings of fact and credibility issues on conflicting evidence?
British Columbia, Canada
The following excerpt is from Sangha v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 607 (CanLII):
In Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154 at para. 30, the court explained that an adjudicator is able to make findings of fact and resolve credibility issues on conflicting evidence: The fact that a driver files an affidavit on a review that either disputes that a demand was made, or advances a reasonable excuse for refusing to provide a breath sample, does not mean that an adjudicator cannot find facts sufficient to confirm the prohibition. Providing there is evidence upon which to reasonably find that a driver failed or refused, without reasonable excuse, to comply with a demand, then an adjudicator can confirm the prohibition, and that decision will withstand scrutiny on judicial review.
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