What are the factors used to determine whether a witness is truthful or accurate?

British Columbia, Canada


The following excerpt is from Adriano v 0886899 B.C. Ltd. (Kartners Bathroom Accessories), 2021 BCSC 166 (CanLII):

Bradshaw v. Stenner, 2010 BCSC 1398, at paras. 186–87, identified a number of factors that may be considered 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 in this case whether there were inconsistencies between their affidavit evidence and their testimony, or inconsistencies between prior statements, discovery evidence and their affidavit evidence or their testimony during the summary trial; • the external consistency of the witness’s evidence, meaning whether their evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence; • whether the witness’s evidence seems unreasonable, unlikely, or implausible, bearing in mind the probabilities affecting the case; and • the witness’s demeanour, meaning the way they present while testifying.

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