Most cases of sexual assault are a «he said, she said» situation and
involve issues of credibility and reliability.
Domestic situations are even more complicated and often
involve issues of credibility and cross examination becomes an important component of the case.
Not exact matches
There are many
issues at stake here over and above the obvious human consequences
involved whichever side is shown to be correct, not least
of these it the
credibility of the scientific community in the eyes
of the public and the resulting damage that it could cause.
At that time, disputes
involving numerous contested facts, and particularly cases where
credibility issues existed between the parties, would rarely be dealt with by means
of summary judgment.
In Singh v Canada (Minister
of Employment and Immigration), [1985] 1 SCR 177, a refugee determination case, the Supreme Court agreed that an oral hearing was not always required, but stated that where a serious
issue of credibility is
involved, «fundamental justice» requires that
credibility be determined on the basis
of an oral hearing.
7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal
involves a significant
issue of credibility, where there are significant factual
issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).