What is the test for making a finding of fact?
British Columbia, Canada
The following excerpt is from Shadow v. Superintendent of Motor Vehicles et al., 2002 BCSC 790 (CanLII):
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. See Lucas v. British Columbia (Superintendent of Motor Vehicles), [2002] B.C.J. No. 462.
While the adjudicator’s task is to weigh the evidence and to give written reasons for the decision, there is no duty on the adjudicator to give reasons for preferring or rejecting any evidence. See Wanless v. British Columbia (Superintendent of Motor Vehicles), [2000] B.C.J. No. 1542 (B.C.S.C.).
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