What is the case law on credibility?

Having reviewed the issues, evidence, notice of appeal, further investigation, and relevant submissions, I find that this appeal does not concern significant issues of credibility. I recognize that there are some inconsistencies in the worker’s evidence; however, I do not find that these are necessarily owing to credibility issues. Rather, I find that the worker’s evidence is, at times, unreliable, owing to the significant passage of time since the outset of his 1993 and 2000 claims. My finding in this regard is in keeping with the discussion set out in paragraphs 94 to 96 in Radacina v. Aquino, 2020 BCSC 1143. The court explained that credibility and reliability are different concepts. Reliability may be impacted by a witness’s ability to accurately observe, recall, and recount events while some aspects of a witness’s evidence may be more reliable than others. In circumstances where the worker’s evidence differs from the more contemporaneous evidence on file, I give greater weight to that more contemporaneous evidence.