June 11, 2026 – What a Judge Can Consider on Motion

“I can accept all, some, or none of the affidavit evidence of the respective witnesses.  When examining the credibility (and reliability) of a deponent’s evidence, I will consider whose evidence is in harmony with the surrounding circumstances, including documentary evidence, as well as the witness’ own internal consistency or lack thereof.  I will also consider the level of detail contained in the respective affidavits, the clarity of the affidavits, and any omissions that are material to the issues to be resolved.  While I did not have the benefit of hearing viva voce evidence from the witnesses, this is not unusual in the context of motions and I have a sufficient evidentiary basis to make this assessment.”

          Duffy v. Duffy, 2024 ONSC 3339 (CanLII) at 52

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