What is the real test of the truth of a witness in a sexual assault case?
British Columbia, Canada
The following excerpt is from Tsawwassen Quay Market Corporation v. Delane Industry Co. Ltd., 2011 BCSC 310 (CanLII):
In Faryna v. Chorny (1951), W.W.R. (N.S.) 171, our Court of Appeal held that: .... 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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