The following excerpt is from FortisBC Energy Inc v International Brotherhood of Electrical Workers, Local 213, 2012 CanLII 2808 (BC LRB):
45 I find, on a fair reading of the Award, that the Arbitrator did not decide credibility solely on the basis that the Grievor had a greater interest than Thiessen in lying. Nor do I find the Arbitrator ignored the evidence relied on by the Union or the arguments it advanced. I find the Arbitrator made his determination on the basis of the surrounding circumstances, including matters specifically identified in Faryna v. Chorny such as "[o]pportunities for knowledge, powers of observation, judgment and memory, ability to describe clearly what [the witness] had seen and heard, as well as other factors,..." (Faryna v. Chorny, para. 10).
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