What is the standard for evaluating the credibility of evidence in a medical malpractice case?

British Columbia, Canada


The following excerpt is from WCAT-2016-00115 (Re), 2016 CanLII 17362 (BC WCAT):

Problematic in the worker’s case is that her testimony and statements lack the hallmarks of reliable evidence. The standard for evaluating the credibility and reliability of evidence was established in the case of Faryna v. Chorny[8]. In cases where there is conflict of evidence, credibility cannot be gauged solely on the test of the conviction of a witness; the worker’s belief. A decision-maker must test a worker’s story to examine its consistency with the probabilities that surround the currently existing conditions; the story must be in harmony with the preponderance of the probabilities that a practical and informed person would readily recognize as reasonable in the circumstances.

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