What is the test for determining if a plaintiff has a valid claim under section 27(1)(b) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Pedneault v. Meridian Marine Industries and another, 2017 BCHRT 50 (CanLII):
Determinations under section 27(1)(b) are made on the basis of the allegations outlined on the face of the complaint, without reference to any alternative explanation or evidence that the respondents may put forward: Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168 at para. 12.
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