Where a trial judge's decision on competing expert evidence is based only to a minor degree on demeanour, an appellate court is free to overturn the decision if, giving full respect and weight to the trial judge's conclusion, it concludes the trial judge was wrong. A trier of fact confronted with divergent cases may decline to accept either case and find that the plaintiff has not discharged the onus of proof. A driver's failure to stop after an accident, while admissible as an admission by conduct against the Nominal Defendant, does not necessarily constitute an admission of negligence — the circumstances of the accident must be considered.
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