What is the basis for the cross-challenge on credibility and reliability?

British Columbia, Canada


The following excerpt is from Lensu v Victorio, 2019 BCSC 59 (CanLII):

In written submissions, counsel have set out various bases for the cross-challenge on credibility and reliability. I have reviewed those submissions. Ultimately, in considering the evidence, I have informed myself of the factors for assessing credibility set out in Bradshaw v. Stenner, 2010 BCSC 1398 at para. 186, aff'd 2012 BCCA 296: …The art of assessment involves examination of various factors such as the ability and opportunity to observe events, the firmness of his memory, the ability to resist the influence of interest to modify his recollection, whether the witness' evidence harmonizes with independent evidence that has been accepted, whether the witness changes his testimony during direct and cross-examination, whether the witness' testimony seems unreasonable, impossible, or unlikely, whether a witness has a motive to lie, and the demeanour of a witness generally … Ultimately, the validity of the evidence depends on whether the evidence is consistent with the probabilities affecting the case as a whole and shown to be in existence at the time … [Internal references omitted.]

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