'He Said-She Said' Dilemma: Basic Principles of Assessing Witness Credibility

Our courts determine witnesses' credibility on a daily basis. When faced with conflicting oral evidence, how does a court determine which witness to believe? What is the impact of a witness's appearance, demeanour, or sincerity on a judge's determination of the witness's credibility? This lecture addresses these questions and explains the fundamental principles that courts follow in determining a witness's credibility.

Useful cases:
Faryna v. Chorny (1951): https://www.canlii.org/en/bc/bcca/doc/1951/1951canlii252/1951canlii252.html

Frame v. Rai (2012): https://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc1876/2012bcsc1876.html?resultIndex=1

This lecture is taught by Amer Mushtaq, LL.B., M. Engineering, B.Sc. (Hons.), who is the Principal and Founder of the law firm, Formative LLP. Through this YouTube channel, Amer shares practical advice from his years of legal experience to help anyone access justice and achieve their goals. Subscribe today to learn more.

Amer also offers in-depth courses (by paid subscription) on various legal topics through http://www.youcounsel.ca/.

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Lecture Outline:
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0:02 Introduction to “He Said/She Said” Dilemma (Witness Credibility) and Disclaimer
0:37 Witness Credibility Issue
1:33 How do Judges Make that Decision?
4:14 Principles of Credibility Assessment
9:29 How much to Believe a Witness?
10:41 Conclusion
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Looking to hire a lawyer or seeking legal advice?

Visit Formative LLP (http://www.formativelaw.ca) where you can get in touch with Amer and his team to help you navigate your legal concerns.

Book a call directly with Amer on Clarity:
https://clarity.fm/amermushtaq

Looking for formal course offerings?
Visit http://www.youcounsel.ca/

Show notes, links, further readings, attachments:
http://www.formativelaw.ca/2020/10/he-said-she-said-dilemma-basic-principles-of-assessing-witness-credibility/

To access the slides used in this presentation, visit:
http://www.formativelaw.ca/2020/10/he-said-she-said-dilemma-basic-principles-of-assessing-witness-credibility/

For the machine generated transcription to this video, visit:
http://www.formativelaw.ca/2020/10/he-said-she-said-dilemma-basic-principles-of-assessing-witness-credibility/

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