Passing comments may often be viewed as more candid and, therefore, more reliable

Campbell v. MacRae Estate, 2011 NSCA 57 is a sad estates case.  The underlying case deals with undue influence and is not exceptional.  That said, the Court makes a statement about evidence of “passing comments” which may be valuable in dealing with credibility issues.  Specifically, the fact someone said something “in passing” adds to the credibility of the comment.  The Court holds:

 

 

[23]         The appellants take particular issue with the judge’s reliance on Mr. Sullivan’s evidence.  They say that Sadie’s confirmation of Vinnie’s ownership to him was simply a passing comment. In my view, that does not make Mr. Sullivan’s evidence less reliable or less important. In fact, passing comments may often be viewed as more candid and, therefore, more reliable.