When affidavits are in conflict on an interim application, can the judge make findings of credibility and determine the facts?
British Columbia, Canada
The following excerpt is from J.J.T. v. J.A.S., 2015 BCSC 628 (CanLII):
When affidavits are in conflict on an interim application, a judge necessarily has a very limited ability to make findings of credibility and determine the facts: Chee v. Smith, 2007 BCSC 850. Caution should be exercised in descending into the merits of the case when the affidavits are in conflict.
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