What is the impact of the respondent’s position that the adjudicator must consider all the relevant evidence before making a credibility finding?
British Columbia, Canada
The following excerpt is from Lochan v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1029 (CanLII):
The difficulty with the respondent’s position is that it ignores the need for the adjudicator to fairly and transparently analyze all of the evidence “before making credibility findings -- that is, if a reasonable analysis and a pathway to the rejection of the evidence can still be discerned by the reviewing judge” (Rangi v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 2343 at para. 28).
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