What is the test for establishing that evidence is credible and trustworthy?

Ontario, Canada


The following excerpt is from C.A.S. v. S.S.H. and S.T.E., 2019 ONSC 5365 (CanLII):

The court may act on evidence it considers credible and trustworthy in the circumstances, viewing the evidence together, in its entirety. Evidence that might not be credible and trustworthy when viewed in isolation might reach that threshold when examined in the context of other evidence. See Jewish Child and Family Services of Toronto v. A.K., 2014 ONCJ 227 at paragraph 18.

The court must choose the least disruptive placement consistent with the adequate protection of the child or children. Children’s Aid Society of Hamilton v. B.D. and F.T.M., 2012 ONSC 2448 at paragraph 29.

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