What is the role of the adjudicator in making findings of fact?
British Columbia, Canada
The following excerpt is from Polson v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 700 (CanLII):
Frankel J.A. further noted that it was up to the adjudicator to review and assess the evidence presented on the review and to determine what evidence to accept and what to reject. At para. 27 he endorsed the following statement of Gray J. in Shadow v. Superintendent of Motor Vehicles et al., 2002 BCSC 790: Making findings of fact, including choosing what or who to believe and not believe, and drawing inferences from the evidence, is the responsibility of the adjudicator. If there is some evidence upon which a finding could reasonably be made, this court should not interfere. … [Emphasis added by Frankel J.A.]
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