What is the test for determining the truth of a witness?
Ontario, Canada
The following excerpt is from Canadian Construction Workers’ Union v. Hy-Arch Construction Ltd., 2013 CanLII 84250 (ON LRB):
25. I agree with the approach described in the Marchand decision and the test set out in the excerpt from Faryna v. Chorny. In particular, I agree that “the real test of the truth of the story of a witness…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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