What is the test for dismissing a complaint under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from Gutierrez v. Insurance Corporation of British Columbia, 2017 BCHRT 16 (CanLII):
On an application to dismiss a complaint under s. 27(1)(c), to prove there is no reasonable prospect that the complaint will succeed, a respondent relying on a BFRJ must establish that it is reasonably certain that it would establish the defence at a hearing: Trevana v. Citizens’ Assembly on Electoral Reform and others, 2004 BCHRT 24, at para. 67, and Purdy v. Douglas College and others, 2016 BCHRT 117, para 50.
"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 test for dismissing an application to dismiss a complaint that may raise issues of credibility? (British Columbia, Canada)
Does the fact that a complaint may raise issues of credibility in the context of an application to dismiss be grounds for dismissal? (British Columbia, Canada)
What is the test for dismissing a human rights complaint under s. 27(1)(c)? (British Columbia, Canada)
What is the threshold for defeat in an application to dismiss a complaint? (British Columbia, Canada)
Can a complaint be dismissed without a hearing? (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)
Can a complaint be dismissed under section 27(1)(b) of the Criminal Code? (British Columbia, Canada)
Can a complainant amend their complaint in the midst of an application to dismiss? (British Columbia, Canada)
Can credibility issues be a barrier to dismissing a complaint? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
