What is the test for preferred evidence in a sexual assault case?
Ontario, Canada
The following excerpt is from Macmillan-Dekker v. Dekker, 2000 CanLII 22428 (ON SC):
In her reasons, the learned trial judge concluded that, where there was a conflict between the evidence of the appellant and that of the respondent, she preferred the evidence of the respondent: Wherever their evidence was in conflict on the nature and extent of their relationship, I preferred the respondent’s account as the more reliable of the two. [MacMillan-Dekker v. Dekker, supra]
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