What is the legal test for having to have an oral hearing in a matter where there is a dispute between the parties as to how the leak occurred?

3. The tribunal has discretion to decide the format of the hearing, including by writing, telephone, videoconferencing, email, or a combination of these. There is a dispute between the parties as to how the leak occurred. Credibility of interested witnesses, particularly where there is conflict, cannot be determined solely by personal demeanour in a courtroom or tribunal proceeding. Assessing which account is most likely depends on its harmony with the rest of the evidence. In this dispute, I find that I am able to properly assess and weigh the documentary evidence and submissions before me. Bearing in mind the tribunal’s mandate that includes proportionality and a speedy resolution of disputes, I find that an oral hearing is not necessary. I note the recent decision Yas v. Pope, 2018 BCSC 282 at paragraphs 32 to 38, in which the court recognized the tribunal’s process and that oral hearings are not necessarily required where credibility is in issue.