“As is often observed, the assessment of credibility is not an exact science: Al-Sajee v. Tawfic, 2019 ONSC 3857, 27 R.F.L. (8th) 269, at para. 42. In M.K.-C. v. C.C., 2023 ONSC 7097: also Smith v. Noel, 2023 ONSC 6682, at para.12., McGee J. dealt with credibility where there were suggestions that evidence was tailored, ignored or unreliable.
[55] Credibility and reliability are related but distinct concepts. Reliability speaks to the accuracy of the witness’ ability to accurately observe, recall and recount the events in issue. Credibility centres on a witness’s genuine efforts to tell the truth in a wholesome manner, not leaving out details that could mislead the listener. An honest witness endeavors to tell the truth as they experienced it, acknowledging that some of their perceptions may have been flawed.
[56] One of the most valuable means of assessing witness credibility is to examine the consistency in their evidence. Inconsistencies may emerge not just from a witness’ oral testimony, but also from things said differently at different times, or from omitting certain events at one time while referring to them on other occasion. [Citation omitted]
[57] A dishonest witness is not a reliable witness absent corroboration, but it does not automatically follow that a credible witness gives reliable evidence. To provide honest and reliable evidence, a witness must be truthful and alive to their limitations. They must be open to the possibility of alternative perceptions. A credible witness without such insight may inadvertently give unreliable evidence because they are rash, overconfident, or reckless in their pursuit of an outcome.
[58] Ultimately, a court must consider all the relevant factors that go to the believability of the evidence in the factual context of the case.
Credibility assessment is not all or nothing. As noted in Re Novak Estate,
[37] There is no principle of law that requires a trier of fact to believe or disbelieve a witness’s testimony in its entirety. On the contrary, a trier may believe none, part or all of a witness’s evidence, and may attach different weight to different parts of a witness’s evidence. [Citation omitted]”