Is a finding of the primary judge decisive in a case of conflicting testimony?
Saskatchewan, Canada
The following excerpt is from Goddard v. Prime, 1917 CanLII 134 (SK CA):
The evidence in the case is very conflicting, and it is strongly urged by the respondent that “in a case of direct conflict of testimony, the finding of the primary Judge is to be regarded as decisive, and should not be overturned in appeal by Judges who have not had the advantage of seeing the witnesses and observing their demeanor under examination.” Grasett v. Carter, 1884 CanLII 5 (SCC), 10 Can. S.C.R. 105, at p. 125.
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