What are the factors used to assess credibility?

British Columbia, Canada

The following excerpt is from L.M. v S.M, 2022 BCSC 477 (CanLII):

In Gichuru v. Smith, 2013 BCSC 895 at para. 129, aff’d 2014 BCCA 414, Justice Adair helpfully articulated a number of factors that affect the assessment of credibility. These factors include: • the witness’s ability and opportunity to observe events; • the firmness of the witness’s memory; • the witness’s ability to resist the influence of interest to modify his or her recollection; • whether the witness's evidence harmonizes with independent evidence that has been accepted; • whether the witness changes his or her testimony during direct and cross-examination; • whether the witness's testimony seems unreasonable, impossible, or unlikely; • whether a witness has a motive to lie; and • the demeanour of a witness generally.

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