What is the test for credibility in a criminal trial?

Ontario, Canada


The following excerpt is from Toronto (City) v Toronto Civic Employees Union, Local 416, 2015 CanLII 15347 (ON LA):

11. Thus, the matter of a witness’s credibility is not a simple consideration. Credibility must to be determined on the basis of the “whole story” which a witness puts forward in testimony measured against, “its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those circumstances” (Re Faryna v. Chorny, cited above, at para. 11). My task will be to piece together a version of the events based on the preponderance of probabilities, and in that exercise I may accept some aspects of a person’s testimony but not others in order to find the probable sequence of events.

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