How has the adjudicator assessed the credibility of an independent witness at a motor vehicle licence hearing?

British Columbia, Canada

The following excerpt is from Sangara v. British Columbia (Superintendent of Motor Vehicles), 2016 BCSC 1638 (CanLII):

The respondent submits that the adjudicator did not err in his consideration of the evidence of the independent witness. The respondent notes that the evidence conveyed that the “intoxicated patron” knew that he had too much to drink and then got into his car and drove anyway. When the officer located him, he was displaying obvious signs of alcohol impairment, in other words, the officer found exactly what the staff described. The respondent refers to the decision of Gourley v. British Columbia (Superintendent of Motor Vehicles), 2015 BCSC 367. That decision addressed credibility assessment in the circumstances where a third party called the police to express concern:

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