What factors will be considered in determining whether a witness has a good mental state?
British Columbia, Canada
The following excerpt is from Heffernan v Charlish, 2019 BCSC 825 (CanLII):
Now, I note that the above factors are listed in Bradshaw v. Stenner, but demeanor is now rarely relied upon alone and I do not particularly rely on demeanour of the witnesses in this case.
Ultimately in Bradshaw, the court found that the validity of the evidence depends on whether the evidence is consistent with the probabilities affecting the case as a whole and shown to be in existence at the time (Farnya v. Chorny, 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354 (B.C.C.A.) at para. 356).
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