What is the test for having an oral hearing in a personal injury matter?
British Columbia, Canada
The following excerpt is from Abood v. ICBC, 2020 BCCRT 1040 (CanLII):
9. Most of the argument in this dispute amounts to a “he said, he said” scenario, with each party calling into question the credibility of the other. In Yas v. Pope, 2018 BCSC 282, the court recognized that oral hearings are not necessarily required in all cases where credibility is in issue. I have considered the CRT’s mandate of proportionality and a speedy resolution of disputes. I am satisfied that I can assess and weigh the evidence and submissions before me without holding an oral hearing.
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