Category: Expert Evidence

The court set aside a finding that an adoption was not legal holding that the tribunal erred in ignoring the expert evidence: [45] The IAD based its conclusion on its own interpretation of the Civil Code provisions and rejected any documentary evidence based on an opposing interpretation. It is entirely clear that the IAD did not understand the meaning of the legal opinions. I therefore find that, in this case, the IAD’s findings, which were based solely on its own understanding, and which failed to take into account all of the documentary evidence filed, do not fall within the range of possible, acceptable outcomes with respect to the evidence.

The Court set aside a decision where the Court held that there was state protection. The Board failed to consider expert evidence that went to the heart of the claim.