What is the current state of the law on credibility issues at the BC Workers’ Compensation Appeal Tribunal?
British Columbia, Canada
The following excerpt is from A2101642 (Re), 2022 CanLII 8485 (BC WCAT):
I also note that while a credibility issue may necessitate an oral hearing, an oral hearing is not required in every case where credibility is at issue (Bhullar v. Workers’ Compensation Appeal Tribunal (2019 BCSC 1673). In Bhullar, the court reviewed that procedural fairness requirements in administrative law are not technical in nature, but rather functional in nature. In addressing procedural fairness, several factors are considered including: whether a party had opportunity for meaningful participation; whether the analysis requires a direct condemnation of the honesty and integrity of that party; and/or whether the analysis relies upon existing contemporaneous expert reports, in which case assessing the party’s credibility may be unnecessary.
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