When faced with conflicting evidence, what is the role of a judge in determining who is more convincing on the witness stand?
British Columbia, Canada
The following excerpt is from B.N. v. B.J., 2012 BCSC 950 (CanLII):
When faced with conflicting evidence, the task of a trial judge is not to determine the person who is more convincing on the witness stand. Rather, one must have regard to the evidence as a whole. The task of a trial judge is to determine whose testimony is more consistent with all the surrounding circumstances. See Faryna v. Chorny, 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354 at 357 (B.C.C.A.).
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