7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves
a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).
Not exact matches
However, Justice Vickers concluded that it was reasonable for the plaintiff to have brought her claim in Supreme Court for two reasons: (1) when the action was commenced, the plaintiff believed she was suffering from the accident and her pleadings included a claim for loss
of earning capacity and disruption
of the ability to earn income; and (2) ICBC put her
credibility seriously in
issue when it took the position that she had not suffered from any injury or any
significant injury.
If the valuation
issues can not be resolved with each side having engaged their own experts, and the case proceeds to trial, the loyalty
of the company's accountant to the business - owning spouse can have a
significant impact on the perceived
credibility of this expert witness, should he or she be required to take the witness stand.
This Court can already entertain any and all the invalidity arguments made in support
of the defendant's Re-examination Request, which are already contained in its Statement
of Defence and Counterclaim and, in particular, it can address the
significant credibility issues, which only this Court is capable
of hearing.