When faced with conflicting affidavits in a summary trial, can a judge make a decision between two opposing versions of the affidavit?
British Columbia, Canada
The following excerpt is from Waters v CP Reit BC Properties Limited, 2021 BCSC 1886 (CanLII):
When faced with conflicting affidavits, a summary trial judge should not simply choose between the differing version of events. Facts may be found in the face of such conflicts, however, based on other admissible evidence such as documents, independent witnesses, or undisputed facts (Cory v. Cory, 2016 BCCA 409 at para. 10).
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