How is the accuracy of a witness's evidence determined?

British Columbia, Canada


The following excerpt is from DirectCash ATM Processing Partnership (a firm) v Main Food Stop (a partnership), 2018 BCSC 1851 (CanLII):

The accuracy of his or her evidence is also determined by examining several factors identified in Bradshaw v. Stenner, 2010 BCSC 1398 at para. 186, aff’d 2012 BCCA 296, leave to appeal ref’d [2012] S.C.C.A. No. 392) which include: • the capacity and opportunity of the witness to observe the events at issue; • his or her ability to remember those events; • the ability of the witness to resist being influenced by his or her interest in recalling those events; • the internal and external consistency of the witness’s evidence; • whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether his or her evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and • the witness’s demeanour, meaning the way he or she presents while testifying.

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