What is the judicial test of credibility?
Ontario, Canada
The following excerpt is from Hornick v. Kochinsky, 2005 CanLII 13784 (ON SC):
Mr. Justice McKeown in Victorov v. Davidson, [1998] O.J. No. 190 at p. 15, said the “best judicial test of credibility is a consistency and harmony or lack thereof with a preponderance of probabilities disclosed by the facts and the objective evidence.” I accept that statement as being a good judicial expression of how to test the credibility, believability and reliability of a witness’s evidence.
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