What is the test for determining if a complainant has a valid claim under s. 27(1)(b) of the Criminal Code?

British Columbia, Canada


The following excerpt is from Burns v. Lakeland Medical Clinic and Clark, 2008 BCHRT 146 (CanLII):

Determinations under s. 27(1)(b) are made based on the allegations in the complaint, without reference to any alternative evidence or explanations provided by the respondents: Bailey v. B.C. (Min. of Attorney General), 2006 BCHRT 120, para. 9.

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