What is the standard of reasonableness in the context of an allegation of sexual assault?
Canada (Federal), Canada
The following excerpt is from Hernandez Victoria v. Canada (Citizenship and Immigration), 2009 FC 388 (CanLII):
The present case involves questions of facts and weight of evidence intertwined with legal issues which attracts the standard of reasonableness (Dunsmuir v. New Brunswick, 2008 SCC 9). As stated at paragraph 161 in Dunsmuir, “decisions on questions of fact always attract deference”, especially when the credibility of the applicant is affected.
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