Totaram v MCI 2009 FC 853

The Court found an inference of the Appeal Division unreasonable and set aside the decision noting:[18] The Panel found the Applicant not to be credible only with respect to two aspects of his testimony. It did not believe the Applicant when he testified that the form was completed by the wife of a co-worker and that he signed and mailed it without reading it. [19] The Panel found no other aspect of the Applicant’s testimony not to be credible. In fact, his testimony in all other respects appears to have been fully accepted by the Panel. Much of it was corroborated by his aunt, the only other witness at the hearing. The evidence of a witness is presumed to be truthful, unless there exists a valid reason to doubt it: Maldonado v, Canada (Minister of Employment and Immigration) (1979), 31 N.R. 34 (F.C.A.). One must ask what reasons the Panel offers to doubt the Applicant’s evidence that the form was prepared by someone other than himself.