What is the burden of a motion to dismiss under section 27(1)(c)?
British Columbia, Canada
The following excerpt is from Sherstobitoff v. Morgan Earthworks, 2016 BCHRT 90 (CanLII):
On an application to dismiss filed under section 27(1)(c), the burden is not on the Complainant to establish a prima facie case, but rather it is on the Respondent to show that she has no reasonable prospect of success of doing so. See: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305. The threshold for such a review is low: the Complainant must only show that her evidence is not speculation or conjecture. See: Hill, para. 27.
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