What is the test for assessing credibility in a sexual assault case?
Alberta, Canada
The following excerpt is from Luka v. Lockerbie & Hole Inc., 2008 AHRC 1 (CanLII):
In assessing credibility, the Panel considered the test for assessing credibility as set out in Faryna v. Chorny[19]. It states “In short, the real test of the truth of the story of a witness in such a case must be in harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place or in those conditions.”
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