41Commission not bound by technicalities

41 Commission not bound by technicalities

In making a decision under this Act, the Commission: (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to: (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and (ii) the absence of, or a deficiency in, relevant official records.