What factors will the court consider in determining the burden of proof?
Nova Scotia, Canada
The following excerpt is from Clarke v. Gale, 2009 NSSC 170 (CanLII):
Credibility plays a significant role when assessing the burden of proof. The court considers a number of factors when making credibility determinations. These factors were reviewed in Baker-Warren v. Denault 2009 NSSC 59 at paras 18 to 20 and have been considered by me in this decision. In Baker-Warren v. Denault, supra, the court held as follows:
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