What is the current state of the law on credibility?

British Columbia, Canada


The following excerpt is from Insurance Corporation of British Columbia v Mansur, 2019 BCSC 2261 (CanLII):

Since Faryna, courts have developed a set of factors that may be used to apply the approach to assessing credibility. This non-exhaustive list of factors was summarized in Bradshaw v. Stenner, 2010 BCSC 1398 at paras. 186–187, aff’d 2012 BCCA 296: i. the capacity and opportunity of the witness to observe the events at issue; ii. his or her ability to remember those events; iii. the ability of the witness to resist being influenced by his or her interest in recalling those events; iv. the internal and external consistency of the witness’s evidence; v. did his or her testimony change between direct and cross-examination; are there inconsistencies in between prior statements, discovery evidence and his or her evidence at trial; vi. whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; vii. whether his or her evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and viii. the witness’s demeanour, meaning the way he or she presents while testifying.

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