What is the test for weight of evidence in a witness case?
Ontario, Canada
The following excerpt is from Re Catholic Children’s Aid Society of Metropolitan Toronto and R.H. (An Infant), 1980 CanLII 1540 (ON CJ):
[7] The text then goes on to say: The court’s position [that is, in Udy v. Stewart] on this point was that this defect goes to competency and not just to weight. That result may be too harsh. Unless the handicap of a witness is such that his mental or intellectual capacity totally negates his ability to relate what he saw, then his evidence should be received and any extenuating circumstances should be considered a matter of weight and credibility . . . as, of course, opposed to competency.
"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 relevant case law for giving evidence from a third party witness in a personal injury case? (Ontario, Canada)
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
In a medical malpractice case, is the evidence of a family physician who has followed a patient for a long period of time the most helpful evidence? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
Does the defense have to provide affidavit evidence as to the names of the witnesses and the purpose and relevance of each witness? (Ontario, Canada)
What is the test for a witness to be cross-examined in a witness case? (Ontario, Canada)
Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
What is the impact of the evidence against the witness in the case? (Ontario, Canada)
