What is the current state of the law on "speculation reasoning" in a decision-maker's analysis of evidence?
British Columbia, Canada
The following excerpt is from Datta v British Columbia (Superintendent of Motor Vehicles), 2022 BCSC 290 (CanLII):
There is no prohibition against an administrative decision-maker applying logic and common sense when assessing evidence, provided the inferences drawn or conclusions reached are properly grounded in the evidence. However, if there is no factual foundation, then the decision-maker crosses the line and engages in impermissible speculative reasoning: Adams v. British Columbia (Superintendent of Motor Vehicles), 2019 BCCA 225 at para. 63; Jennings v. The Superintendent of Motor Vehicles, 2019 BCSC 1911 at para. 28.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law in Canada when it comes to rationalizing the subjective evidence of the parties' intentions with objective evidence? (British Columbia, Canada)
What is the current state of the law in Canada when there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the current state of the law on the issue of "reasonableness" under a percentage fee agreement? (British Columbia, Canada)
What is the current state of the law on tainted evidence at trial? (British Columbia, Canada)
What is the current state of the law on an implied undertaking of confidentiality in discovery evidence? (British Columbia, Canada)
Is critical analysis of evidence to avoid critical analysis? (British Columbia, Canada)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
What is the current state of the law on the basis of actuarial analysis in a personal injury case? (British Columbia, Canada)
What is the current state of the law in Canada where documentary evidence of the marriage is weak? (British Columbia, Canada)
What is the current state of the law on new evidence in a judicial review? (British Columbia, Canada)
