What is the test for deference when it comes to credibility findings?
Nova Scotia, Canada
The following excerpt is from R. v W.J.M., 2018 NSCA 54 (CanLII):
This approach applies to facts based on credibility findings, writ large, and to factual findings where there is no issue of credibility (see: Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353). In other words, deference is not tethered solely to the trial judge’s advantage of seeing and hearing the witness’s testimony. As to the trial judge being disadvantaged from not having observed the appellant’s demeanor, I say three things.
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