What is the test for memory of events that may be relevant to trial?

Alberta, Canada


The following excerpt is from Brar v. Pawa, 2010 ABQB 779 (CanLII):

He relies on the decision of Rooke J., as he then was, in Cooke v. Calgary Civic Employees Benefit Society [2003] A.J. No. 1725. In that case Rooke J. commented at paragraph 32 that it is the memory of what happened in relation to matters that aren’t otherwise documented that is important. Discoveries and the production of records, he noted, do not necessarily record all events that may be relevant to trial. In that case the action commenced fourteen years prior and related to events five years prior to that. There was a delay of some 19 years in relation to some of the relevant events.

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