What is the test for credibility of a witness in a civil case?
British Columbia, Canada
The following excerpt is from Critch and Mitten v. Lone Star Energy and Johansen, 1999 BCHRT 21 (CanLII):
Riddell J.A. stated in Wallace v. Davis (1926), 31 O.W.N. 202 at 203 (referred to by Sopinka and Lederman in The Law of Evidence in Civil Cases (Toronto: Butterworths, 1974) c. 7 at 528)) that ... the credibility of a witness in the proper sense does not depend solely upon his honesty in expressing his views. It depends also upon his opportunity for exact observation, his capacity to observe accurately, the firmness of his memory to carry in his mind the facts as observed, his ability to resist the influence, frequently unconscious, of interest to modify his recollection, his ability to reproduce in the witness-box the facts observed, the capacity to express clearly what is in his mind -- all these are to be considered in determining what effect to give to the evidence of any witness.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a police credibility analysis be used to determine the credibility of a witness in a criminal case? (British Columbia, Canada)
Can a lawyer who fails to put a proposition of evidence to a witness in cross-examination in a civil matter be held liable to sue the witness in a criminal case? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
In a personal injury trial, is there any case law or case law relevant to assessing the credibility of witnesses? (British Columbia, Canada)
What is the test for assessing credibility and reliability of evidence in a civil case? (British Columbia, Canada)
If there is a contradiction between two statements made by the same witness at different times, can that contradiction affect the credibility of the witness? (British Columbia, Canada)
What is the test for determining the credibility of a witness in a sexual assault case? (British Columbia, Canada)
Does a witness in a civil proceeding have absolute immunity from civil action at common law? (British Columbia, Canada)
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility? (British Columbia, Canada)
How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
