What is the burden of establishing a claim of sexual assault under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from Fraser v. BC Ministry of Forests, Lands and Natural Resource Operations (No. 2), 2018 BCHRT 5 (CanLII):
On an application to dismiss filed under s. 27(1)(c), the burden is not on the complainant to establish the case, but rather it is on the respondents to show that the complainant has no reasonable prospect of success in doing so: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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