What is the test for drawing an inference from a learned trial judge?
Saskatchewan, Canada
The following excerpt is from Roy v. Roy, 1977 CanLII 1455 (SK CA):
With the greatest of respect to the learned trial judge, the principle set out in Murray v. Saskatoon (No. 2), supra, is not applicable here. It is to be noted that in that case this court held that the principle allowing the drawing of an inference did not apply as the answer was to be found from evidence before the court. Here the learned trial judge had the evidence of both sides with full documentation before him and should not have found it necessary to resort to such an inference.
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