What is the test for giving weight to oral testimony in a sexual assault case?
Ontario, Canada
The following excerpt is from Decision No. 2021/11, 2012 ONWSIAT 531 (CanLII):
In the face of these difficulties, I have adopted the test quoted above from Faryna v. Chorney, and applied it. In the result, I have found that I am unable to accord any weight to the oral testimony where it is not supported by other reliable evidence.
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