What is the burden on an employer to dismiss an application under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from K. B. v. S. S., 2016 BCHRT 61 (CanLII):
On an application to dismiss filed under s. 27(1)(c), the burden is not on the Complainant to establish a prima facie case but, rather, it is on the Employer to show that he 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 his evidence is not speculation or conjecture. See: Hill, para. 27.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing a prima facie case in an application to dismiss pursuant to s. 27(1)(c)? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
On an application to dismiss pursuant to section 27(1)(c), what is the burden on the complainant to establish a prima facie case? (British Columbia, Canada)
What is the burden on a party to dismiss an application pursuant to s. 27(1)(c)? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
On an application to dismiss pursuant to s. 27(1)(c), what is the burden on the respondent to show that the complainant has no reasonable prospect of success? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
What is the burden of proving just cause for dismissal against an employer? (British Columbia, Canada)
What is the burden of a motion to dismiss under section 27(1)(c)? (British Columbia, Canada)
Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
