View cases - Stewart McKelvey

[18] The staff reporting to Mr. Derksen was to work as a team to get the Program upand running. Originally, Mr. Derksen was to report to Alan Timberlake, but after the firstweek he reported directly to Imbenzi.[19] The evidence about the Program under Mr. Derksen’s direction and hisperformance requires that I make findings of fact by resolving issues of credibility. Inassessing credibility, I have considered such factors witness’ demeanour, power ofobservation, opportunity for knowledge, judgment, memory and ability to describeclearly what was seen and heard. I make my credibility findings based on the principlesof Faryna v. Chorney, [1952] 2 D.L.R. 354 (BCCA):The credibility of interested witnesses, particularly in cases of conflict ofevidence, cannot be gauged solely by the test of whether the personaldemeanour of the particular witness carried conviction of the truth. Thetest must reasonably subject his story to an examination of its consistencywith the probabilities that surround the currently existing conditions. Inshort, the real test of the truth of the story of a witness in such a case mustbe its harmony with the preponderance of the probabilities which apractical and informed person would readily recognize as reasonable inthat place and in those conditions (at p. 357)[20] All of the three staff members working for Mr. Derksen disputed his version thanMr. Derksen of what happened under his direction. The two different views as to whywere as follows. Mr. Derksen said that overall the Program was “ramping up”. That is,he was getting marketing brochures prepared, putting together teaching materials, gettingthe computer résumé program up and running, waiting for computers and office furnitureto be delivered, and that Imbenzi had advised him not to start the three-week job searchsession until he gave the go ahead.[21] In contrast, Ms. Toews, Ms. Sangha and Ms. Jenkinson all testified about theirconcern that no progress was being made in recruiting clients for the Program, that Mr.Derksen was doing nothing in that area, and in respect of their suggestions, he would saythings like “I’ll check with management” or “let me get back to you”. All three indicatedthat Mr. Derksen was nice, but too laid back and showed no leadership skills. They wereall anxious about the number of clients enrolled in the Program. They knew from pastexperience that if the numbers were not satisfactory, and because HRDC would be5