What is the test for assessing credibility and reliability of evidence in a civil case?
British Columbia, Canada
The following excerpt is from WCAT-2014-00691 (Re), 2014 CanLII 44771 (BC WCAT):
In assessing the credibility and reliability of the worker’s evidence, I have applied the test set out in Faryna v. Chorny 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354, 4 W.W.R. (NS) 171, that “the real test of the truth of the story of a witness...must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions.” As well, I have considered what was reasonable and most probable in all the circumstances.
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