What is the standard for a decision on review based on the testimony of a police officer?

British Columbia, Canada


The following excerpt is from Lyebyedyev v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 217 (CanLII):

In the context of these particular reviews, it has been held that the standard is met when there is "some evidence on which a finding could reasonably be made"; Nagra v. British Columbia (Superintendent of Motor Vehicles), 2010 BCCA 154 (quoting Shadow v. British Columbia (Superintendent of Motor Vehicles), 2002 BCSC 790 at para. 13). However, the mere presence of such evidence will not preserve a decision on review if the reasoning process that has been engaged in by the adjudicator to reach it was manifestly flawed. Examples of manifest flaws in reasoning include an adjudicator according the evidence of a police officer a presumption of baseline reliability and then placing a burden on the applicant to refute it or making negative findings about an applicant's credibility on the basis of the applicant's failure to address factors that are not logically relevant to it: Scott v. British Columbia (Superintendent of Motor Vehicles), 2013 BCCA 554.

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