What is the test for an application under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Morris v. Jordan Development and another (No. 2), 2010 BCHRT 214 (CanLII):
Applications under s. 27(1)(b) are considered on the basis of the facts alleged by the complainant, without consideration of any facts or alternative explanations asserted by a respondent: Bailey v. B.C. (Min. of Attorney General), 2006 BCHRT 120, para. 9; Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168, para. 12.
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