What is the test for admitting and acting under section 94 of the Child Support Act?
Ontario, Canada
The following excerpt is from CAS v. T.A., and P.C., 2019 ONSC 5652 (CanLII):
Subsection 94 (10) of the Act permits the court to admit and act on evidence that the court considers credible and trustworthy in the circumstance. In determining what evidence is credible and trustworthy, the evidence in its entirety must be viewed together. Evidence that may not be credible and trustworthy when viewed in isolation might reach that threshold when examined in the context of other evidence. (See: Family and Children's Service v. R.O., [2006] O.J. No. 969 (OCJ)).
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