Omissions from written records of an incident must be assessed against the purpose and nature of the documentary record, the circumstances in which it was created and by whom — not merely treated as inconsistencies undermining credibility. A trial judge errs by rejecting a plaintiff's testimony as implausible and then concluding there is 'no evidence' to engage the Jones v Dunkel principle regarding uncalled witnesses. Material factual errors in credit reasoning, even where there are also legitimate bases for rejecting the plaintiff's evidence, may constitute a substantial wrong or miscarriage of justice warranting a new trial.
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