What is the impact of poor memory and inability to produce an accurate account of the work he had done since his injury?
British Columbia, Canada
The following excerpt is from Zajaczkowski v. Grauer, 2016 BCCA 48 (CanLII):
The judge placed significant weight upon the fact the appellant was unable to provide an accurate account of the work he had done since his injury. That finding is not and cannot be challenged. There is no doubt that the quality of the appellant’s evidence was poor. He could not remember significant facts. He did not call witnesses he could have called to support his claim. He did not produce documentation that might have been produced. It was open to the trial judge to infer that such evidence, if produced, would be either contrary to the appellant’s case or else unsupportive of it: Lévesque v. Comeau, 1970 CanLII 4 (SCC), [1970] S.C.R. 1010 at 1012‑13.
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