What is the evidence that supports Cesaltina's claim of mental distress in relation to her neighbours?

Ontario, Canada


The following excerpt is from Fiuza v Creekside Real Estate Group Inc., 2019 CanLII 45625 (ON SCSM):

Cesaltina failed to produce any of her medical records in support of her claims, yet she threatened suicide on several occasions; claimed significant weight loss; inability to sleep; anxiety and depression. She was apprehended under the Mental Health Act and taken to hospital during the relevant timeframe. As stated in Blatch v. Archer (1774), 98 ER 969, “evidence is to be weighed based on the proof which is in the power of one side to have produced”. Therefore, I conclude these records would have contradicted her evidence or not supported her claims of mental distress in relation to the neighbours.

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