Regarding the witnesses who participated in the events of March 18, 2009, I do not accept nor do I reject anyone’s evidence in its entirety. Guided by the advice in Faryna v. Chorny to consider “the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions”, I simply endeavour to determine the salient facts from the mixture of testimony that was put before me.
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