What is the test for credibility of historical evidence at trial?
British Columbia, Canada
The following excerpt is from Lee v. Sidhu, 2001 BCPC 107 (CanLII):
Mr. Justice Thackray describes a similar situation in his decision of Dodds v. Zornes, an unreported decision from November 8, 1995. He had to decide if there was a fundamental issue of credibility that should be resolved at trial. On page two he wrote: .... As to the accuracy of her evidence there are some contradictions, there are some outright errors, there is from time to time a difference between subjective and objective findings.... I see it as a question of whether or not the plaintiff is an accurate historian and whether or not she is exaggerating her complaints.
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