How have courts considered viva voce evidence in an examination for discovery?
British Columbia, Canada
The following excerpt is from MacLean v. MacLean, 1979 CanLII 325 (BC SC):
Generally discovery or interrogatory evidence is not as satisfactory as viva voce evidence because the court does not have the opportunity to observe the witnesses, nor can their accuracy or credibility be tested by cross-examination. In every case the court has the responsibility to assess and weigh the evidence: see Morice v. Morice, supra, as an example of the extra care taken in examining the confession of adultery made by a husband in his examination for discovery.
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