What are the factors used by the BCSC to determine a witness’s credibility?
British Columbia, Canada
The following excerpt is from Trusty v Hatch, 2021 BCSC 618 (CanLII):
The following factors were identified by Justice Dillon in Bradshaw v. Stenner, 2010 BCSC 1398 at para. 186 as helpful in assessing a witness’s evidence: • ability and opportunity to observe; • firmness of memory; • ability to resist the influence of self- interest; • consistency with independent evidence already accepted; • changes in testimony between direct and cross-examination; • inconsistency with prior statements or discovery evidence; • whether the testimony seems unreasonable, impossible, or unlikely; • the existence of motive to lie; and • the witness’s general demeanour.
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