What is the test for establishing a presumption of truth when a witness has sworn to the truthfulness of their testimony?
Canada (Federal), Canada
The following excerpt is from X (Re), 2014 CanLII 60404 (CA IRB):
I conclude that although the jurisprudence found in Maldonado (Maldonado v. M.E.I. [1980] 2 F.C. 302) is clear that a presumption of truth is created when a claimant swears to the truthfulness of their testimony, the fact remains that this presumption is rebuttable and the burden is on the claimant to support their claim.
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