In assessing the evidence and arriving at conclusions, I bear in mind the sensible observations of Madam Justice Adair in Vapheas v. Madden, 2014 BCSC 138 at para. 21: In cases of this kind, witnesses (including parties) do their best, in response to questions from counsel, to give detailed evidence about such things as positions and movement of vehicles, the colour of traffic lights, distances and the length of time of events. However, witnesses are attempting to describe events that happened suddenly, and over what is often only a few seconds. Witnesses are not waiting for an accident to happen, ready to capture and recall every relevant detail years later in a trial. There is, therefore, a great deal of room for error and reconstruction, even though a witness is doing his or her best to recall and describe accurately what happened.
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