When there are contradictory evidence in a medical malpractice case, does the court have any authority or authority to interfere?
Nova Scotia, Canada
The following excerpt is from Reardon (Smith) v. Smith, 1999 NSCA 147 (CanLII):
Where there is contradictory evidence, the trial judge should assess credibility and make a finding of fact. The Appeal Court must pay a high degree of deference to such findings and should not interfere even if we take a different view of the evidence. (Toneguzzo-Norvell v. Burnaby Hospital, 1994 CanLII 106 (SCC), [1994] 1 S.C.R. 114 at p. 121.)
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