What are the findings of credibility of the learned trial judge in an appeal?
Saskatchewan, Canada
The following excerpt is from Kowalski v. Sharpe, 1953 CanLII 221 (SK CA):
I have not overlooked the findings of fact made in this action by the learned trial judge nor have I overlooked his comments on the evidence of the various witnesses which appear in the appeal book. This court is loath to overrule, on an appeal, findings of fact or findings of credibility made by a trial judge. See Craven v. Dixon 1946 CanLII 177 (SK CA), [1946] 3 WWR 465, at 467. The findings, however, must show that those findings have been made after consideration of their consistency with the probabilities that surround the existing conditions and are also, having regard thereto, in harmony with the preponderance of probability.
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