How to approach assessing the credibility of interested witnesses with diametrically opposed positions?

Ontario, Canada


The following excerpt is from Phanlouvong v. Northfield Metal Products (1994) Ltd. et al, 2014 ONSC 6585 (CanLII):

Guidance on how to approach assessing the credibility of interested witnesses with diametrically opposed positions was provided by O’Halloran J.A. of the British Columbia Court of Appeal in the case of Faryna v. Chorny, [1952] 2 D.L.L. 354 (B.C.C.A.) as follows: The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of the story of a witness in such a case 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.

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