What is the test for accepting or rejecting evidence of intent to pervert the course of justice?
Saskatchewan, Canada
The following excerpt is from Ontario Marble Company v. Creative Memorials Ltd., 1964 CanLII 372 (SK CA):
The learned trial judge having refused to accept the evidence of Rosen as to his intentions at the time of signing, this court could only accept such evidence in exceptional circumstances: Vide Jerome v. Anderson (1964) 1964 CanLII 71 (SCC), 46 WWR 641, at 651. As the question here is one of credibility, the finding of the learned trial judge should not be disturbed.
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