What is the case law on credibility and credibility?

British Columbia, Canada


The following excerpt is from WCAT-2010-01474 (Re), 2010 CanLII 42366 (BC WCAT):

The worker’s representative argues that the worker’s claim should be accepted as compensable and that the worker is a credible witness. He refers me to the case Faryna v. Chorny, 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354 which provides guidance in resolving questions of credibility. It provides: 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.

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