What is the test of credibility of a witness in a sexual assault case?

British Columbia, Canada


The following excerpt is from Tiara Food and Beverage Concepts Ltd. v. Fletcher,, 2018 BCCRT 847 (CanLII):

5. The tribunal has discretion to decide the format of the hearing. In Yas v. Pope, 2018 BCSC 282 at paragraphs 32 to 38, the court recognized the tribunal’s process, and found that oral hearings are not necessarily required when credibility is in issue. Some of the evidence in this dispute amounts to a “he said, he said” scenario as to what occurred and did not occur during the respondent’s employment. Credibility of interested witness, particularly where there is a conflict, cannot be determined solely by the test of whose personal demeanour in a courtroom or tribunal proceeding appears to be most truthful. The assessment of what is the most likely account depends on its harmony with the rest of the evidence.

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