{"id":916,"date":"2020-01-07T15:44:43","date_gmt":"2020-01-07T23:44:43","guid":{"rendered":"http:\/\/schenklaw.ca\/?p=916"},"modified":"2020-01-09T16:59:22","modified_gmt":"2020-01-10T00:59:22","slug":"assessment-of-witness-credibility","status":"publish","type":"post","link":"https:\/\/schenklaw.ca\/?p=916","title":{"rendered":"Assessment of Witness Credibility"},"content":{"rendered":"<p>Source: <em><a href=\"https:\/\/www.bccourts.ca\/jdb-txt\/sc\/19\/22\/2019BCSC2261.htm#_Toc28601388\">2019 BCSC 2261 Insurance Corporation of British Columbia v. Mansur<\/a><\/em><\/p>\n<p>This case looks at the test for assessing witness credibility:<\/p>\n<blockquote><p>[12]         Since Faryna, courts have developed a set of factors that may be used to apply the approach to assessing credibility. This non-exhaustive list of factors was summarized in Bradshaw v. Stenner, 2010 BCSC 1398 at paras. 186\u2013187, aff\u2019d 2012 BCCA 296:<\/p>\n<p>i.       the capacity and opportunity of the witness to observe the events at issue;<\/p>\n<p>ii.      his or her ability to remember those events;<\/p>\n<p>iii.    the ability of the witness to resist being influenced by his or her interest in recalling those events;<\/p>\n<p>iv.    the internal and external consistency of the witness\u2019s evidence;<\/p>\n<p>v.     did his or her testimony change between direct and cross-examination; are there inconsistencies in between prior statements, discovery evidence and his or her evidence at trial;<\/p>\n<p>vi.    whether the witness\u2019s evidence harmonizes with or is contradicted by other evidence, particularly independent or undisputed evidence;<\/p>\n<p>vii.   whether his or her evidence seems unreasonable, improbable or unlikely, bearing in mind the probabilities affecting the case; and<\/p>\n<p>viii.  the witness\u2019s demeanour, meaning the way he or she presents while testifying.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Source: 2019 BCSC 2261 Insurance Corporation of British Columbia v. Mansur This case looks at the test for assessing witness credibility: [12] Since Faryna, courts have developed a set of factors that may be used to apply the approach to assessing credibility. This non-exhaustive list of factors was summarized in Bradshaw v. Stenner, 2010 BCSC [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,9],"tags":[],"class_list":["post-916","post","type-post","status-publish","format-standard","hentry","category-employment-law","category-litigation"],"_links":{"self":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/916","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=916"}],"version-history":[{"count":0,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/916\/revisions"}],"wp:attachment":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=916"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}