In what circumstances will a trier of fact’s assessment of a witness's testimony be undermined or undermined?
British Columbia, Canada
The following excerpt is from Vasiliopoulos v. Dosanjh, 2007 BCSC 703 (CanLII):
In a given case and with respect to a particular witness the trier of fact’s assessment of the witness in connection with the four inter-related factors noted above may result in the undermining of the witness’s testimonial reliability on only certain subjects or certain topics or generally. That is trite law. As is the fact that precise confrontation of a witness – or the absence of it – is a factor to be considered by the trier of fact, but only that: Steele-Wells v. Mahood, CA 018597 January 17, 1995.
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