What is the standard for a trial judge to accept all the evidence presented to the court?

Saskatchewan, Canada


The following excerpt is from Fondrick v. Gross, 2003 SKQB 307 (CanLII):

The Court of Appeal went on to note that a trial judge is not required to accept one set of evidence in its entirety as packaged by any of the experts. The standard to be applied is (p. 332) The trier of fact is required to consider and weigh all of the evidence and to apply common sense and the basic principles of restitutio in integrum, and reasonableness and fairness as between the parties in light of all the circumstances. The trier of fact is also required to draw conclusions that are supported by the evidence but there is no requirement that any of the conclusions presented to the court be accepted. As noted by Dickson J. . . . in Lewis v. Todd . . . If the Courts are to apply basic principles of the law of damages and seek to achieve a reasonable approximation to pecuniary restitutio in integrum expert assistance is vital. But the trial Judge, who is required to make the decision, must be accorded a large measure of freedom in dealing with the evidence presented by the experts. If the figures lead to an award which in all the circumstances seems to the Judge to be inordinately high it is his duty, as I conceive it, to adjust those figures downward; and in like manner to adjust them upward if they lead to what seems to be an unusually low award.

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