When will a trial judge have an advantage over an appellate judge when it comes to assessing the credibility of witnesses?
Canada (Federal), Canada
The following excerpt is from Sherman v. Canada, 2009 FCA 9 (CanLII):
In this connection, paragraph 25 of Housen v. Nikolaisen, supra, is instructive: Although the trial judge will always be in a distinctly privileged position when it comes to assessing the credibility of witnesses, this is not the only area where the trial judge has an advantage over appellate judges. Advantages enjoyed by the trial judge with respect to the drawing of factual inferences include the trial judge's relative expertise with respect to the weighing and assessing of evidence, and the trial judge's inimitable familiarity with the often vast quantities of evidence. This extensive exposure to the entire factual nexus of a case will be of invaluable assistance when it comes to drawing factual conclusions. …
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