What is the impact of delay on the memory of witnesses in litigation?
British Columbia, Canada
The following excerpt is from Canadian Star Development Corp. v 0712276 B.C. Ltd., 2018 BCSC 871 (CanLII):
As was noted by Esson J.A. in Tundra Helicopters v. Allison Gas Turbine, 2002 BCCA 145 at para. 37, a degrading of witnesses’ memories is expected to occur in most, if not all, litigation, even if the matter proceeds with dispatch and is heard within a reasonable time. However, common sense tells us that the longer the delay, the more likely the impairment of memories.
In Cardinal v. Tassone, 2013 BCSC 609, Justice Savage (as he then was) found that this factor was a crucial one in the circumstances of that case:
"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
Is there a presumption that a witness who testifies to an affirmative or negative memory should be credited with a negative memory? (British Columbia, Canada)
What is the impact of close relationship between a witness and the witness? (British Columbia, Canada)
In what circumstances will a witness be required to fully disclose his or her personal information to a witness? (British Columbia, Canada)
Is evidence of a statement made to a witness by a person who is not himself called as a witness admissible? (British Columbia, Canada)
If there is a contradiction between two statements made by the same witness at different times, can that contradiction affect the credibility of the witness? (British Columbia, Canada)
How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified? (British Columbia, Canada)
What is the length of delay for a post-charge delay? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
What is excusability for a lawyer to delay or delay a trial? (British Columbia, Canada)
What is the impact of delay on pension entitlements? (British Columbia, Canada)
