Not all defects will be fatal in the reasonableness analysis if, despite the defects, it is apparent the adjudicator has considered all the evidence and engaged in a defensible process of analysis before making a decision that was reasonably available on the evidence. This was the situation in Lyebyedyev v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 217. In that case, Mr. Justice Schultes found that even though the adjudicator relied on pieces of evidence that were not logically capable of supporting the inferences she drew from them, there remained a meaningful body of evidence that supported her decision and that she reached a conclusion that was open to her by a defensible process of analysis. This case is different because no defensible process of analysis is apparent. In this case, although the adjudicator's reasons indicate that she was aware of the need to conduct a principled credibility analysis, she failed entirely to do so. As a result, her reasons for upholding the prohibition are manifestly flawed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.