When there is no trial, can a final judgment based on an affidavit be based on affidavits?

But those principles do not apply to a final judgment based on affidavits, where there is no trial. The appeal court’s function in those circumstances is set out by Taggart J.A. in Placer v. Skyline at p. 33 [p. 389 B.C.L.R.]: It would seem, therefore, that an appellate court in appeals like this one has a greater latitude to differ from the trial judge’s findings of fact than it would where the trial involved viva voce testimony with conflicts in the evidence and especially so where credibility of the witnesses was in issue. However, while enjoying that greater freedom, we must still be cognizant of and give due regard to the findings of the trial judge.