What is the effect of having to have an oral hearing in a collision review?

10. First, in Yas v. Pope, 2018 BCSC 282, the court recognized that oral hearings are not always necessary when credibility is in issue. The credibility of interested witnesses (here the 2 drivers), particularly where there is conflict, cannot be determined solely by the test of whose personal demeanor in a CRT proceeding appears to be the most truthful. The assessment of what is the most likely account depends on its harmony with the rest of the evidence. Second, the CRT’s mandate includes proportional and speedy dispute resolution and I find it would not be proportional to hold an oral hearing considering the relatively minor nature of this claim and it was not requested. In the circumstances, I decided it is fair and appropriate to decide this dispute through written submissions.