Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Young v. Saanich Police Department, et al Page 76
recognizable smell" noticeable, in his experience, from a
considerable distance.
[155] Arbitrator Gilbert observed that he had a poor sense
of smell, but that it might prove to be a useful exercise. He
told counsel for the petitioners to raise the issue again once
all the evidence had been heard, if counsel still felt that a
visit was warranted.
2003 BCSC 926 (CanLII)
[156] Counsel for the petitioners never raised the issue
of a visit to Beechwood Park again in the proceedings before
the arbitrator. Counsel has since deposed in an affidavit
that he "saw no point" in renewing the application as there
were time constraints to finish the hearing.
[157] Rule 11.12 permits on-site inspections if the
arbitrator so chooses. As the request was not repeated,
Arbitrator Gilbert never had to decide the issue. He cannot
be faulted for that. Instead, the arbitrator made the
necessary findings of fact in the more traditional way by
considering the evidence before him. I do not accede to this
submission.
Review of the Arbitrator's Findings of Fact
[158] The balance of the petitioners' challenges relate to
the fact-finding process and their criticisms of the