What is the test for credibility in a civil case?
British Columbia, Canada
The following excerpt is from R. v. Gunning, Jondreau, Ramos, Reno, Toth, 2012 BCPC 183 (CanLII):
[T]he law as it relates to credibility is that it is a question of fact. It cannot be determined by following a set of rules. A judge, when faced by differing testimony, must consider not only the witness' desire to be truthful but also opportunities of knowledge, powers of observation, aspects of context relating to motive and emotion. Therefore, in accord with White v. The King [citation given] I charge myself that the witness' capacity to remember, the accuracy of their statement, the witness' care in answering, the witness' sincerity and manner, frankness and attitude and evidence of motive, bias or evasive responses, are all to be taken into account by me in considering the testimony of each witness. ...
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