The Court of Appeal held that the trial judge's finding that the plaintiff had not discharged his onus of proving negligence in a motor vehicle collision was amply supported by the evidence and involved no appellable error. The Court confirmed that the timing of a witness's first recorded account is plainly relevant to reliability, that minor inconsistencies in a witness's versions over time about peripheral matters do not necessarily undermine credibility on central issues, and that reasoning based on the comparative improbability of one party's prolonged inattention over another's amounts to impermissible conjecture under Jones v Dunkel principles rather than a proper basis for affirmative factual findings.
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