What is the test for finding that a delegate erred by not giving any weight to sworn evidence?
British Columbia, Canada
The following excerpt is from Nagra v. British Columbia (Superintendent of Motor Vehicles), 2008 BCSC 717 (CanLII):
The petitioner submits that the delegate erred by not giving any weight, or, in the alternative, the appropriate weight, to the sworn evidence of the petitioner and that she thereby reached a “patently unreasonable” decision. For reasons both counsel addressed, that is no longer the applicable legal formulation (see: Dunsmuir v. New Brunswick, 2008 SCC 9), although it is doubtful that the law has been materially altered.
"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
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Does the Court of Appeal judge have any error or error in giving undue weight to a video evidence? (British Columbia, Canada)
What are the reasons for a finding that a trial judge erred in his or her appreciation of a relevant issue or of evidence? (British Columbia, Canada)
What is the general rule of law on the principle that all evidence is to be weighed according to the weight of the evidence? (British Columbia, Canada)
What is the test for giving evidence that “gives colour” to the charge? (British Columbia, Canada)
Can a R. 18A application result in a chambers judge giving judgment after making findings of fact on contradictory affidavit evidence? (British Columbia, Canada)
In what circumstances will the BCSC find that evidence of J.B. and her evidence be inconsistent in relation to particular events? (British Columbia, Canada)
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
What is the test for exclusion of a party while another party is giving evidence? (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)
