What is the standard of review in a family law case where the trial judge's findings of fact are based on credibility assessments?

Ontario, Canada


The following excerpt is from Cheng v. Sze, 2021 ONCA 346 (CanLII):

The deferential standard of review applies with particular force in family law cases where the trial judge’s findings of fact are rooted in credibility assessments: Jonas v. Pacitto, 2020 ONCA 727, 49 R.F.L. (8th) 56, at para. 42. In this case, there were significant factual disputes at trial and conflicting evidence in relation to most issues. The trial judge made credibility findings adverse to the appellant, finding that he was “generally confused about his financial affairs. His story kept changing. He could not explain many of his financial documents”. The trial judge found that the appellant’s description of his working hours (which he estimated at four to five hours per week) “strain credulity”.

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