What is the test of credibility of a witness in a civil matter?
British Columbia, Canada
The following excerpt is from Parallax Contracting Ltd. v. Anand, 2020 BCCRT 256 (CanLII):
6. In some respects, both parties in this dispute call into question each other’s credibility. Credibility of witnesses, particularly where there is conflict, cannot be determined solely by the test of whose personal demeanour in a courtroom or tribunal proceeding appears to be the most truthful. In Yas v. Pope, 2018 BCSC 282, the court recognized that oral hearings are not necessarily required where credibility is in issue. In the circumstances of this dispute, I find that I am able to assess and weigh the evidence and submissions before me without an oral hearing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a lawyer who fails to put a proposition of evidence to a witness in cross-examination in a civil matter be held liable to sue the witness in a criminal case? (British Columbia, Canada)
If there is a contradiction between two statements made by the same witness at different times, can that contradiction affect the credibility of the witness? (British Columbia, Canada)
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility? (British Columbia, Canada)
What is the test for credibility of a witness in a civil case? (British Columbia, Canada)
How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
Does a witness in a civil proceeding have absolute immunity from civil action at common law? (British Columbia, Canada)
Does the credibility of witnesses matter? (British Columbia, Canada)
Can a police credibility analysis be used to determine the credibility of a witness in a criminal case? (British Columbia, Canada)
How have the courts in the Republic of Ireland assessed credibility of a witness? (British Columbia, Canada)
What is the implied undertaking of a solicitor in a civil matter? (British Columbia, Canada)
