What is the test for credibility of witness testimony when there is conflicting evidence?

Alberta, Canada


The following excerpt is from Andric v. 585105 Alberta Ltd. o/a Spasation Salon & Day Spa, 2015 AHRC 14 (CanLII):

The case of Faryna v. Chorney[4] is often cited in assessing the credibility of witness testimony when there is conflicting evidence: The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.

Other Questions


What is the test for assessing the credibility of witness testimony when there is conflicting evidence? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
When can a witness give evidence that is not in evidence at trial? (Alberta, Canada)
Is evidence of a statement made to a witness by a person who was not himself called as a witness admissible? (Alberta, Canada)
What is the test for a jury in a medical malpractice trial where there are conflicting evidence to resolve? (Alberta, Canada)
What are a number of cases that support the argument that objection to admissibility of evidence is to be made at the time the evidence is tendered? (Alberta, Canada)
What is the test for the credibility of expert testimony in the context of Factortame? (Alberta, Canada)
Is there any evidence that would have allowed the jury to engage in a credibility contest? (Alberta, Canada)
Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict? (Alberta, Canada)
What is the test for accepting as true the evidence of a witness who has not been cross-examined? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.