Is a trial judge required to state that his view of the credibility of witnesses depended upon “the manner in which the witnesses were given or… their demeanour?

Ontario, Canada


The following excerpt is from Alphonse Weil et Freres v. Collis Leather Co. Ltd., 1925 CanLII 16 (ON CA):

Nor is the case of Curtis Brothers v. Hayes (1923), 21 O.W.N. 193, to be considered as deciding that the trial Judge must state that his view of the credibility of witnesses depended upon “the manner in which the testimony of the witnesses was given or… their demeanour,” or an appellate court will consider itself “in as good a position as that learned Judge to weigh the evidence and determine what effect should be given to it.” It may be wise for the trial Judge so to state—opinions differ as to that—but I can see no reason for requiring such a statement from the trial Judge where it is obvious that he must have formed his opinion of credibility in that way.

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