How have the courts in Canada dealt with this issue?
British Columbia, Canada
The following excerpt is from Rutter v. British Columbia (Workers’ Compensation Appeal Tribunal), 2015 BCSC 862 (CanLII):
In reaching this conclusion, I find the following comments of our Court of Appeal in Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 554 at para. 31, instructive:
In general terms, it is correct to state that an adjudicator’s decision will be regarded as reasonable if there is some evidence upon which the adjudicator’s finding could reasonably be made. However, that will not be the case when the adjudicator’s reasoning process is manifestly flawed. This point was recently made in Whyte v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 454, where Mr. Justice Harris said the following:
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