The Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same.
credibility Tag Archives
Zarebicki v. Wal-Mart Canada Corp., CV-14-0778-00
Summary Judgment not granted where the inconsistencies of several witnesses and conflicting material evidence required an evaluation of credibility.
Gomez v Vandelden, 2016 ONSC 1966 (CanLII)
Despite concerns regarding the credibility of the parties, Justice Dow grants Summary Judgment in “very exceptional case where the paper record was sufficient to reach a fair conclusion”
Abuajina v. Haval, 2015 ONSC 7938 (CanLII)
Summary judgment motions on the issue of liability are not appropriate where the credibility of witnesses are important, there is insufficient evidence on the record to evaluate credibility and a mini-trial is not appropriate in the circumstances of the case.
