Can a court interfere if the adjudicator’s reasoning is manifestly flawed?
British Columbia, Canada
The following excerpt is from Chen v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1646 (CanLII):
Similarly, in Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 554 at para. 31, the court stated it could interfere if the adjudicator’s reasoning was “manifestly flawed.” In that case, the court found that the adjudicator had improperly given the police officer’s evidence a “presumption of reliability”: para. 32.
"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
In what circumstances will a adjudicator's reasoning be manifestly flawed where the adjudicator failed to consider the evidence supporting the findings of two witnesses? (British Columbia, Canada)
Can an adjudicator resolve credibility disputes if the adjudicator's reasoning process is manifestly flawed? (British Columbia, Canada)
Can a flaw or flaws be seen in the reasons of an adjudicator? (British Columbia, Canada)
Does the term "manifestly flawed" mean that a judge is manifestly flawed? (British Columbia, Canada)
What are the manifest flaws in an adjudicator’s decision? (British Columbia, Canada)
How to read the reasons of the adjudicator as a whole to assess whether the decision was reasonable? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Will a Superintendent of Motor Vehicles be found to be unreasonable when their reasoning process is manifestly flawed? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
Is there any case law in the history of the Court of Appeal to support the argument that reason is insufficient to support a claim of reason? (British Columbia, Canada)
