What is the duty of a deputy judge to identify and deal with credibility concerns?

Ontario, Canada


The following excerpt is from Muise v. Mark Wilson’s Better Used Cars Limited, 2021 ONSC 151 (CanLII):

As to the duty of a deputy judge to identify and deal with credibility concerns and to assess both the credibility and reliability of a witness' evidence, there is a high level of deference owed to a trial judge with respect to findings of credibility. In his decision in Palac v. Coppola, 2011 ONSC 623 at para 11, McDermot J. noted: It is even higher standard when it comes to findings of credibility by the trial judge: Although the "palpable and overriding" standard of review applies to all factual findings, the findings of fact grounded in credibility assessments are particularly difficult to disturb on appeal. Credibility assessments are inherently partly subjective and reflect the life experience of individual judges and their own perception of how the world works. Credibility assessments are also grounded in numerous, often unstated considerations which only the trial judge can appreciate and calibrate.

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