What is the evidence that supports Cesaltina's claim of mental distress in relation to her neighbours?
Ontario, Canada
The following excerpt is from Fiuza v Creekside Real Estate Group Inc., 2019 CanLII 45625 (ON SCSM):
Cesaltina failed to produce any of her medical records in support of her claims, yet she threatened suicide on several occasions; claimed significant weight loss; inability to sleep; anxiety and depression. She was apprehended under the Mental Health Act and taken to hospital during the relevant timeframe. As stated in Blatch v. Archer (1774), 98 ER 969, “evidence is to be weighed based on the proof which is in the power of one side to have produced”. Therefore, I conclude these records would have contradicted her evidence or not supported her claims of mental distress in relation to the neighbours.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for adduce evidence in support of a temporary spousal support claim? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Does a parent have to provide supporting documentation to support their claim for income tax deductions? (Ontario, Canada)
What is the test for evidence that supports or rebutts a settler’s claim of trust? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
How has the Respondent argued that the Applicant has failed to provide any convincing evidence to support her claim for disability benefits? (Ontario, Canada)
What evidence has been given in support of a reduced spousal support application? (Ontario, Canada)
How have the courts treated evidence that the respondent was addicted to drugs in the context of child support claims? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
