Significantly, the applicant’s explanation(s) were accepted – the learned justice finding the applicant credible. I acknowledge the inherent difficulties, the potential artificiality, of credibility assessments in these kinds of bifurcated proceedings; in effect, different judges hearing separate sides of the same issue, one conducted of the applicant and his evidence under Section 18 of the Divorce Act and the other conducted of the respondent and her evidence under Section 19. One obvious failing is the loss of the tool of cross-examination (See: Wolch v. Wolch 2006 MBCA 43 at para. 18).
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