In what circumstances will a judge at the Court of Appeal accept responsibility for differing as to the credibility of the witnesses at the Appeal Court?
Saskatchewan, Canada
The following excerpt is from Pound v. National Cartage Company, 1945 CanLII 174 (SK CA):
In Wood v. Haines (1917) 1917 CanLII 459 (UK JCPC), 38 O.L.R. 583, 33 D.L.R. 166, Lord Wrenbury, at p. 169, is reported as follows: “It must be an extraordinary case in which an appellate tribunal can accept the responsibility of differing as to the credibility of the witnesses from the trial Judge who has seen and watched them, whereas the appellate Judge has had no such advantage.”
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