Is the adjudicator entitled to make findings of fact on conflicting evidence?
British Columbia, Canada
The following excerpt is from Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 676 (CanLII):
Although this particular type of review is based on affidavits, the adjudicator is entitled to make findings of fact on conflicting evidence, including findings of credibility: Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154. In doing so, the adjudicator should give no presumptive preference to the report of the investigating police officer over the applicant's affidavit: Spencer v. British Columbia (Superintendent of Motor Vehicles), 2011 BCSC 1311.
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