What is the test for a trial judge to determine which version of evidence is the most reliable?
British Columbia, Canada
The following excerpt is from Mohajeriko v. Gandomi, 2009 BCSC 393 (CanLII):
As Abella J. said at para. 30, writing for the court, in Rick v. Brandsema, 2009 SCC 10, [2009] S.C.J. No. 10, “[i]t is inherent in disputes generally, and matrimonial conflicts in particular, that parties have inconsistent versions of the underlying events. It is the trial judge’s job as judicial historian to sift through the record, watch and listen to the parties, and determine which version of disputed events is the most reliable”. As trial judge, I have had the privilege of watching and listening to the witnesses and have therefore determined which of certain conflicting evidence is most reliable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
When there is a trial by judge and jury, what is the role of the judge in determining defamatory words? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
What is the impact of incomplete, unreliable or missing opinion evidence on a trial judge's ability to determine the value of a property? (British Columbia, Canada)
Can a summary trial judge draw conclusions without evidence? (British Columbia, Canada)
Is a trial judge bound by the strict rules regarding the admissibility of fresh evidence in an appeal? (British Columbia, Canada)
When faced with conflicting evidence, what is the role of a judge in determining who is more convincing on the witness stand? (British Columbia, Canada)
What is the test for a judge to determine whether or not the evidence was improperly admitted? (British Columbia, Canada)
