Does the adjudicator's approach to the credibility assessment apply to a witness report?
British Columbia, Canada
The following excerpt is from Clark v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 562 (CanLII):
The petitioner relies on the decision of Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 676, appeal dismissed; Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 554, in arguing that the adjudicator's approach to the credibility assessment was illogical and skewed in favour of the officer's report. In that case the court found that a proper analysis of all the witnesses was needed, and that it was improper for the adjudicator to presuppose that the officer’s observations had some kind of baseline reliability.
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