An appellate court may overturn a trial judge's acceptance of oral testimony about representations where the representations were first alleged years after the events, were unsupported by contemporaneous notes, and were contradicted by documentary evidence — such findings may be 'glaringly improbable' within the Fox v Percy framework. A Jones v Dunkel inference cannot fill gaps in the evidence to establish facts that the available direct and circumstantial evidence cannot sustain. A Calderbank offer that is joint and several to defendants with separate claims, and is not capable of acceptance by defendants independently, is not unreasonably refused.
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