What is the burden of establishing a prima facie case in an application to dismiss pursuant to s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from Dedic v. Coast Mountain Bus Company and others, 2016 BCHRT 28 (CanLII):
In an application to dismiss pursuant to s. 27(1)(c), the burden is not on a complainant to establish a prima facie case; rather it is on the respondent to show that the complainant has no reasonable prospect of success: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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