What are the factors used to determine whether a witness is truthful or reliable?

British Columbia, Canada


The following excerpt is from Mesbah v Piche, 2021 BCSC 1310 (CanLII):

The factors identified in Bradshaw v. Stenner, 2010 BCSC 1398 at para. 186, also inform the assessment of whether the evidence of a witness is not only truthful, but accurate or reliable: • the capacity and opportunity of the witness to observe the events at issue; • the witness’s ability to remember those events; • the ability of the witness to resist being influenced by their interest in recalling those events; • inconsistency in the witness’s evidence, meaning did their testimony change between direct and cross-examination, or inconsistencies between prior statements, discovery evidence and their evidence at trial; • whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether their evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and • the witness’s demeanour, meaning the way they presented while testifying.

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