Can a finding of credibility be interfered with in the course of judicial review?
British Columbia, Canada
The following excerpt is from Laguna Woodcraft (Canada) Ltd. V. British Columbia (Employment Standards Tribunal), 1999 CanLII 5465 (BC SC):
In the course of judicial review, a finding of credibility can only be interfered with in the event that it can be shown to have no justification whatsoever based upon the evidence before the trier of fact. In that regard, the judgment of the court in Toronto (City) Board of Education v. O.S.S.T.F., District 15 (1997), 1997 CanLII 378 (SCC), 144 D.L.R. (4th) 385 (S.C.C.), states at page 399: When a court is reviewing a tribunal's findings of fact or the inferences made on the basis of the evidence, it can only intervene "where the evidence, viewed reasonably, is incapable of supporting a tribunal's finding of fact".
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