In a personal injury action brought by D. W. R.R.W.R’s lawyer, who drafted the child’'s affidavit?

British Columbia, Canada


The following excerpt is from D.M. v. C.R., 2021 BCPC 318 (CanLII):

I find that D.W.R.’s wishes are sincerely held for the following reasons. I have followed the procedural guidance on how to evaluate the credibility of children’s evidence: McMurray v. McMurray, 2007 MBQB 82 at para. 6: Firstly, such evidence should set forth the circumstances as to the independence of counsel swearing the child’s affidavit i.e. who contacted them, who drafted the subject affidavit, and how much time was spent with the child? Secondly, who paid for counsel’s professional time? Thirdly, and obviously most importantly, did the child deponent in counsel’s professional opinion understand the nature of an oath or affirmation and further could the child, hopefully as evidenced by the affidavit, communicate the evidence provided? In other words, did the child volunteer the material and relevant contents of the affidavit to the drafting attorney?

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