Is there any difference between the credibility of an affidavit and that of a trial?
British Columbia, Canada
The following excerpt is from R&D Arts Inc. v. Feld, 2013 BCSC 1896 (CanLII):
Nevertheless, it is impossible to make the same kind of credibility assessments on an interlocutory application based solely on affidavits that one would make at trial. As Huddart J. observed in Mooney v. Orr at para. 21: Rarely can a judge assess credibility on affidavits or at a trial until all the evidence has been heard and the submissions made. A conspiracy to defraud has usually to be inferred from behaviour. No one can say whether or not such a conspiracy has been established until all the evidence has been heard, the arguments made, and the facts as to behaviour found.
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