On the Importance of Making a Good First Impression
In reviewing case law on the issue of gifts, and the presumption of advancement, I came across the family law case of Hansen v. Hansen, [2000] O.J. No. 5148, a decision of Fleury J. of the Ontario Superior Court of Justice.
Issues of credibility arose and the judge made the following observations as to his “initial impression of both main characters”. I will leave it to you to decide who came out ahead on the issue of credibility:
The Wife: “Mrs. Hansen, the plaintiff, was a pleasant woman who appeared to be her stated age. She testified at length and appeared for the most part to be attempting to shed some light on a very confusing picture. She was testy at times with the cross-examiner, but no more so than any bright witness would have been in similar circumstances. She struck me as an honest witness who was intent on telling the truth as she remembered it.”
The Husband: “Mr. Hansen, the defendant, has a mellifluous voice and he appears to enjoy listening to it. He struck me as somewhat of a pompous individual who is full of himself. He would use most questions as an occasion for a speech. He was definitely not a yes and no kind of man. I agree with counsel for the plaintiff's description of him as it appeared in paragraph 47 of his main argument:
Even in examination-in-chief, Mr. Hansen had great difficulty in giving straightforward and direct answers. Most of his evidence required a huge explanation. He would have to take three steps back, cover evidence that he had covered in the past and finally get around to answering his own counsel's questions. It would appear that Mr. Hansen fancies himself as an orator and thinks of himself as a captivating speaker. It is submitted that this type of conduct in the witness box was consistent with him trying to convince himself and all those listening of a long winded, concocted story full of exaggeration and misstatements.
Notwithstanding the outcome, it does not appear that the Husband appealed.
Have a great day.
Paul Trudelle
