A number of the factors, many of them identified in Bradshaw v. Stenner, 2010 BCSC 1398, at paras. 186–87, often play an important role in assessing whether the evidence of a witness is not only truthful, but accurate: • the capacity and opportunity of the witness to observe the events at issue; • their ability to remember those events; • the ability of the witness to resist being influenced by their interest in recalling events; or whether the witness has a motive to misrepresent the events; • the internal consistency of the witness’s evidence, meaning whether their testimony changed between direct and cross-examination, or whether there are inconsistencies between prior statements, discovery evidence and his or her evidence at trial; • the external consistency of the witness’s evidence, meaning whether the witness’s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether their evidence seems unreasonable, unlikely, or implausible, bearing in mind the probabilities affecting the case; and • the witness’s demeanour, meaning the way they presented while testifying.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.