Close and careful scrutiny of a witness can often assist a trial judge to evaluate his or her credibility, or to assign weight to the witness’ evidence. That is particularly true in cases where the existence of a fact can be proved only by accepting one witness’ evidence on the fact in preference to the evidence of another, with no other evidence capable of supporting or contradicting one or the other version. There are cases, however, where there is other credible evidence against which the assertion or denial of a witness can be measured and compared, and in those cases the important findings on credibility can be based on something other than the manner in which a witness, who might well be practised at the art of deception, presents his or herself. I am fortified by the observations of O'Halloran J.A. in Faryna v. Chorny as set out in the expanded quotation above, and find that it is possible in this case to make the necessary determinations on the basis of the affidavits before me, together with the transcripts of cross-examination of various deponents.
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