Can a plaintiff's recollection of right hip symptoms after the accident be unreliable?
British Columbia, Canada
The following excerpt is from Erwin v. Buhler, 2017 BCSC 362 (CanLII):
I accept that the plaintiff may have formed the view that his right hip symptoms appeared immediately after the accident, but I cannot accept that his recollections on this point are reliable. While witnesses should initially be presumed to be truthful, a witness can honestly believe the truth of statements he makes in testimony but be mistaken because of the passage of time or some unconscious tendency to reconstruct facts: see Hardychuk v. Johnstone, 2012 BCSC 1359 at para. 10.
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