What is the test for accepting some, all or none of the evidence of a witness?
British Columbia, Canada
The following excerpt is from Grewal v. Grewal, 2017 BCSC 573 (CanLII):
Of course, the court can accept some, all or none of the evidence of a witness. The correct approach to assessing credibility is well known and was articulated many years ago in Faryna v. Chorny (1951), 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354 (B.C.C.A.).There the court emphasized the fundamental test of credibility involves subjecting the witness’s testimony to an examination of its consistencies with the probabilities affecting the case as a whole and shown to be in existence at the time. At 357, Justice O’Halloran stated: 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.
"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
Is evidence of a statement made to a witness by a person who is not himself called as a witness admissible? (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 test for accepting a witness’s evidence as generally credible? (British Columbia, Canada)
Can an undercover police officer be accepted as an expert witness to provide evidence in a criminal case? (British Columbia, Canada)
In what circumstances will the court accept evidence that the traffic light was in the late yellow stage or all red stage at the time the collision occurred? (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)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
What is the test for an award of double costs for failing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
In a personal injury action, can a plaintiff bring an application to have all lay and medical witnesses present their evidence by teleconference? (British Columbia, Canada)
