What is the test for assessing credibility of witnesses?

British Columbia, Canada


The following excerpt is from McCarthy v. Venetis Pizza Ltd., 1998 CanLII 29752 (BC HRT):

The assessment of credibility is crucial in this case because, on the central issues, the evidence of the Complainant and the Respondent vary widely. The determination of credibility is an issue of fact and, therefore, should not depend solely on the adjudicator's assessment of the demeanor of a witness. Applying the test for assessing credibility of witnesses, established in Faryna v. Chorny, [1952] 2 D.L.R. 345 (B.C.C.A.), each witness's testimony must be scrutinized to determine if it is consistent with the probabilities that surround the existing conditions. A witness's testimony must be in harmony with "the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions." The precision and consistency of a witness's testimony can also be used to measure credibility.

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