An appellate court is in as good a position as the trial judge to draw conclusions from CCTV footage, since no credibility issues arise in relation to such evidence. Where CCTV footage does not support either party's version of events, the court must determine the facts on the basis of what remains established. A claim for future domestic assistance must be supported by evidence establishing on the balance of probabilities that the accident would probably cause a need for such assistance; evidence establishing only a possibility is insufficient. Where a plaintiff has significant pre-existing conditions, the evidence must enable the court to disentangle the effects of the accident from the progression of those conditions.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.