What is the test for determining what likely happened?
British Columbia, Canada
The following excerpt is from WCAT-2009-02142 (Re), 2009 CanLII 76953 (BC WCAT):
I appreciate that reasonable persons may perceive the same events in very different ways, and may be influenced by their individual personalities and their different roles in a situation. Where there has been a variation of the evidence in this case, I rely on the test in Faryna v. Chorny to determine what likely happened, considering all the circumstances from a reasonable and objective point of view.
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