In what circumstances will the court proceed with findings of credibility?
British Columbia, Canada
The following excerpt is from Lott v. Fulford, 2012 BCSC 1189 (CanLII):
In this case, there is what has been described as a “head on” conflict in the evidence that goes directly to the foundation of the plaintiff’s case, the resolution of which requires findings of credibility to be made. In such a case the court must proceed with caution: Charest v. Pouch, 2011 BCSC 1165, at paras. 54-61.
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