While the judge might have done a better job of expressing himself when he referred to the “reasonable person”, he was not in my view doing anything other than applying the Faryna v. Chorny approach to the assessment of credibility, and I find no error in law with that approach. The judge clearly stated he subjected his credibility findings to the standard of proof in a criminal case: proof beyond a reasonable doubt. I therefore find no merit to the sixth ground of appeal.
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