The evidence of a forensic document examiner was rejected by a Canadian court in a case concerning the validity of a will. The evidence as to execution by the witnesses was accepted by the court.
“Ms. Lewis was never provided with nor did she ever see the original of either document. Her opinion is based entirely on a comparison of photocopies. Brian did not call any evidence to explain why Ms. Lewis was not given the opportunity to inspect the original documents. There is no evidence that requests to inspect either document were served and refused. There is no evidence of any failed negotiations with respect to production of originals for inspection.”
“In the written submissions delivered on Brian’s behalf, Ms. Lewis’ evidence is described as “clear and unequivocal”. That description is an overstatement of the nature of the Ms. Lewis’ opinion evidence.
It is, in any event, difficult to understand how Ms. Lewis’ evidence is helpful to Brian. As discussed below, I find both Ms. Desarmia and Ms. Gordon to be credible witnesses with respect to the circumstances surrounding the execution of the 2013 Will. Ms. Lewis’ evidence does nothing to detract from the credibility of Ms. Desarmia and Ms. Gordon in that regard. Ms. Lewis’ evidence does not support a finding that Ms. Bayford colluded, connived, or conspired with Ms. Desarmia and Ms. Gordon with respect to Version 2.“
Full text of judgment: https://www.canlii.org/en/on/onsc/doc/2019/2019onsc5663/2019onsc5663.html?autocompleteStr=bayford%20boese&autocompletePos=1