What is the current state of the law on viva voce evidence in the context of exclusion claims?

Viva voce evidence, in conjunction with whatever relevant documentary evidence exists, may ground a claim for an exclusion. For example, even though Goodyer v. Goodyer is a pro rata case, at ¶ 83 Perkins J. said, “the individual assets in the investment account need not be traced with any degree of detail, so long as the history and continuity of the account as a whole are proved”. Penny J. adopted a similar approach to the evidence in Ludmer v. Ludmer, a “common sense” case. As did Simmons J.A. in obiter in Townshend v. Townshend. D. The Wife’s Argument that the Arbitrator Applied Different Legal Tests within the First Award, and As Between the Two Awards