What is the test to prove that a decision-maker has considered every piece of evidence?
British Columbia, Canada
The following excerpt is from WCAT-2012-02115 (Re), 2012 CanLII 54384 (BC WCAT):
The worker acknowledges that a decision need not explicitly show that the decision‑maker has considered every piece of evidence. She argues that judicial authorities cited by her (Gichuru v. Law Society of BC, 2010 BCCA 543 and Clifford v. Ontario Municipal Employees Retirement System, 2009 ONCA 670) speak to the natural justice requirements of fairness and/or the sufficiency of reasons, and they contemplate a decision which shows on its face that fairness has been accorded to the parties through full and fair consideration of the relevant evidence. Only such a decision will pass muster, “and the present one fails to do that.”
"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
Can a claimant who has failed to provide income tax returns, other specific evidence of her financial circumstances, or evidence that her health disabled her from working, prove need? (British Columbia, Canada)
Can a Statement of Worker about His or Her Own Condition be considered evidence? (British Columbia, Canada)
What evidence is required to prove the purpose of the legislation is to infringe aboriginal rights? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s considered decision not to undergo spinal fusion surgery is a failure to mitigate? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
Can a reconsideration panel consider extrinsic evidence as part of a judicial review? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
How much evidence will be required by a plaintiff to prove their case on the issue of causation? (British Columbia, Canada)
