What is the legal test for deference given to an adjudicator in a case where the adjudicator has been found in error?
British Columbia, Canada
The following excerpt is from MacLeod v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 196 (CanLII):
Bisceglia v. British Columbia (Superintendent of Motor Vehicles), 2009 BCSC 310 addresses the deference that should be given to an adjudicator in these circumstances at para. 14: [T]he court will not interfere if it can see the process by which the adjudicator reached the decision and if the decision is one that was open to the adjudicator on the evidence.
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