What are some of the comments of a former judge in a personal injury appeal?
Canada (Federal), Canada
The following excerpt is from Osas v. The Queen, 2007 TCC 427 (CanLII):
I believe Justice Bowman's comments in Chrabalowski v. Canada, [2004] T.C.J. No. 488, are particularly appropriate to this appeal. At paragraph 12 he stated, and I quote: One problem faced by an appellant in a case of this sort is that if there is a series of excessive, implausible or unreasonable claims it casts doubt on all of the claims. In other words, once a pattern of implausibility or excessiveness is established, the court is inclined to scrutinize with greater care claims that, standing alone, might be sustainable. In other words, any gaps left in the evidence are filled in, and any doubts resolved, in a manner that is consistent with the pattern.
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