What is the proper standard for assessing the reasons of an adjudicator?
British Columbia, Canada
The following excerpt is from Antoine v Superintendent of Motor Vehicles, 2019 BCSC 1866 (CanLII):
The parties had some discussion before me as to the proper approach to assessing the reasons of the adjudicator. On this point, I have been referred to the decision in Kenyon v. British Columbia (Superintendent of Motor Vehicles), 2015 BCCA 485, which clarified the meaning of "manifestly flawed" reasoning. That decision further elucidated the proper approach in applying the reasonableness standard to reviewing findings of fact and credibility:
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