What is the test for reliability of a sincere and credible witness?
British Columbia, Canada
The following excerpt is from Hanson-Tasker v Ewart, 2022 BCSC 432 (CanLII):
A sincere and credible witness is not necessarily a reliable one. Assessing reliability involves considering the witness’s ability to accurately recall and recount the events. Memories of past events fade over time. The reliability of a witness’s evidence of their invariable or standard practice must be considered in the context of the case as a whole. The length of time between relevant events and the trial is a factor that impacts negatively on reliability: Williams v. Rosenstock, 2020 ABQB 303 at paras. 15–16.
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