Is there any case law that supports the argument that a trial is dictated by viva voce evidence?
Ontario, Canada
The following excerpt is from Mascia v. Dixie X-Ray Associates Limited, 2008 CanLII 12708 (ON SC):
Cameron J. in Stronell v. Success Through Assisted Reproductive Technologies Inc., [2005] O.J. No. 115, para. 73 (S.C.J.), wrote that, “A trial is dictated by the need for viva voce evidence from witnesses to enable the court to assess conflicting evidence and credibility so as to determine the relevant facts….One needs more than a sweeping statement that there are disputed issues of fact before the court can determine that issue.”
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