Is a motion judge’s jurisdiction to make findings of credibility?
Ontario, Canada
The following excerpt is from Hanson v. Caputo, 2012 ONSC 2347 (CanLII):
While the amendments to Rule 20 have broadened a motion judge’s jurisdiction to make findings of credibility, I find that this is not a case in which it is in the interest of justice for me to exercise the powers under Rule 20.04(2.1). As Lauwers J. stated recently in Earl Zurba v. Lakeridge Health Corporation, et al:[11] “It would be more consistent with the interest of justice for such powers to be exercised at a trial when credibility can be properly assessed. That assessment of the evidence requires live witnesses in a trial context.”
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