Is it appropriate to re-open a hearing to receive oral evidence in cases of conflicting evidence?
British Columbia, Canada
The following excerpt is from Lawlor v. PHSA and another, 2019 BCHRT 186 (CanLII):
It may be appropriate to re-open a hearing to receive oral evidence in cases of conflicting evidence where credibility is a central issue: R v. Osolin 1993 CanLII 54 (SCC), [1993] 4 SCR 595, at 663; R v. Darrach, 2000 SCC 46 at para. 63. However, ccredibility is not a central issue in this human rights proceeding. The facts are largely not in dispute. Rather, the parties dispute the interpretation of those facts and the legal consequences that flow from them. These documents speak for themselves. They do not raise credibility issues on the part of any of the witnesses which necessitates the right to present viva voce evidence and to cross-examine witnesses.
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