How does a judge resolve issues of credibility?
British Columbia, Canada
The following excerpt is from Fletcher v. Waterson, 2021 BCPC 110 (CanLII):
The classic statement about how a judge ought to resolve issues of credibility is found in Faryna v. Chorny, [1952] 2 D.L.R. 345. In that case, O’Halloran J.A. noted that the validity of evidence does not depend on the fact that it remains uncontradicted or on the fact that a judge may have remarked favourably or unfavourably on the evidence or the demeanour of the witness. These factors are elements to consider in testing the evidence, but ultimately they are subject to whether the evidence is consistent with the probabilities affecting the case as a whole and shown to be in existence at the time.
In Erickson v. Sibble, 2012 BCSC 1880, Balance J. succinctly set out the principles and factors judges ought to consider in the assessment of credibility. She noted the following:
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