Does the Arbitrator award credibility to a Grievor who had a greater interest than Thiessen in lying?

British Columbia, Canada


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).

Other Questions


Can prejudgment interest be awarded on a whole award? (British Columbia, Canada)
How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
What are the implications of an arbitrator's decision in a case where a plaintiff was awarded an award for discrimination against her employer based on her disability? (British Columbia, Canada)
What is the case law in favour of awarding an award under the head of an award for gross negligence? (British Columbia, Canada)
Does a post-judgment interest rate need to be greater than the pre-judgement interest rate? (British Columbia, Canada)
What is the effect of filing and enforcing an Arbitration Award under s. 29 of the Arbitration Act? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
Is a Residential Tenancy Branch arbitrator's decision not to interfere with the decision of an arbitrator? (British Columbia, Canada)
Is a municipality immune from an award of public interest litigation special costs? (British Columbia, Canada)
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.