Can adjudicators use their experience to fill gaps in the record or make essential findings?
Ontario, Canada
The following excerpt is from Stevenson v. York Regional Police Service, 2013 ONCPC 12 (CanLII):
162. While adjudicators are permitted to use their experience when assessing the evidence, they are not permitted to use their experience to fill in gaps in the record or to make essential findings of fact. Essential findings of fact must be made on the basis of evidence: see Sheddy v. Law Society of British Columbia, supra.
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