What factors are considered in determining the credibility of a witness's testimony?

British Columbia, Canada


The following excerpt is from Huang v Canadian National Railway Company, 2018 BCSC 1235 (CanLII):

I have also considered the factors identified by Justice Dillon in Bradshaw v. Stenner, 2010 BCSC 1398, aff’d 2012 BCCA 296, including: • the capacity and opportunity of the witness to observe the events at issue; • his or her ability to remember those events; • the ability of the witness to resist being influenced by his or her interest in recalling those events; • the internal and external consistency of the witness’s evidence; • whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether his or her evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and • the witness’s demeanour, meaning the way he or she presents while testifying.

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