In what circumstances will a adjudicator's reasoning be manifestly flawed where the adjudicator failed to consider the evidence supporting the findings of two witnesses?
British Columbia, Canada
The following excerpt is from Cross v. British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 140 (CanLII):
Similarly, in Lochan v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1029, at paras. 44 - 46, Mr. Justice Punnett concluded that an adjudicator's reasoning was manifestly flawed where the adjudicator failed to appreciate the potentially corroborative effect of two witnesses’ observations of the petitioner's sobriety, erred in his characterization of the evidence and failed to explain how he dealt with the evidence of the witnesses and the petitioner.
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