Can an adjudicator give greater weight to a constable’s analysis than that of a motor vehicle constable?
British Columbia, Canada
The following excerpt is from Walji v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1906 (CanLII):
The adjudicator was entitled to give greater weight to the constable’s evidence as the finder of fact. In her analysis she considered the more thorough, well-documented, and detailed evidence of the constable. She was entitled to do so provided that the conclusion was properly supported in her reasoning. In Rangi v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2343 at para. 26, Mr. Justice Schultes stated:
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