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Evidence - Credibility

Appeals - Grounds - Failure to Make Findings of Credibility

Trotter Estate (Ont CA, 2014)

In this case the Court of Appeal allowed an appeal against the dismissal of a summary judgment motion where the hearing judge dismissed critical evidence without explaining why it's credibility was impugned:
Where important issues turn on credibility, failure to make credibility findings amounts to reversible error: see Sagl v. Cosburn, Griffiths and Brandham Insurance Brokers Ltd., 2009 ONCA 388 (CanLII), [2009] O.J. No. 1879, at paras. 98-100.

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