What is the test for credibility and trust in evidence in a family law case?

Nova Scotia, Canada


The following excerpt is from Nova Scotia (Community Services) v. J.R., 2010 NSSC 222 (CanLII):

In Family and Children’s Services of Kings County v. Y.B., supra, Levy J. expanded on this requirement at para 12: 12 In doing so, the very first thing a court has to do is to determine whether the evidence being presented, in whatever form, is in fact credible and reliable. Merely because some person about whom little or nothing is known makes or is purported to have made a statement does not make that statement credible or trustworthy. It is a simple fact that some people and some statements are credible and trustworthy and some aren't. In my opinion there has to be some basis, be it grounds for confidence in the source, be it inherent in the evidence, or be it found in some extraneous corroboration that can enable a court to first decide, ('consider'), that the evidence is credible and trustworthy. If that determination cannot be made by the judge, then the evidence cannot properly be considered by the court.

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