What is the test for a trial judge to determine which version of evidence is the most reliable?

British Columbia, Canada


The following excerpt is from Mohajeriko v. Gandomi, 2009 BCSC 393 (CanLII):

As Abella J. said at para. 30, writing for the court, in Rick v. Brandsema, 2009 SCC 10, [2009] S.C.J. No. 10, “[i]t is inherent in disputes generally, and matrimonial conflicts in particular, that parties have inconsistent versions of the underlying events. It is the trial judge’s job as judicial historian to sift through the record, watch and listen to the parties, and determine which version of disputed events is the most reliable”. As trial judge, I have had the privilege of watching and listening to the witnesses and have therefore determined which of certain conflicting evidence is most reliable.

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