ASSESSING THE EVIDENCE, BURDEN OF PROOF, ADVERSE INFERENCES AND PROCEDURAL GOOD FAITH

Jurisdiction (2005). The tribunal noted with respect to witness testimony certain inconsistencies with documentary records produced in the proceedings, but was not minded to reject the testimony as false. The tribunal did, however, take a more permissive standard in regard to the evidence, due to the general view that testimony may be accepted during a jurisdictional phase on face value, with greater scrutiny reserved for the merits phase.