What is the burden of establishing that a complainant has a reasonable chance of success in her claim of sexual assault?
British Columbia, Canada
The following excerpt is from Stene v. Immigration and Multicultural Services and Sethi, 2008 BCHRT 347 (CanLII):
The complainant bears the burden of establishing that it is in the public interest to accept her complaint, and that no substantial prejudice will result to any person because of the delay in filing: Chartier v. School District No. 62, 2003 BCHRT 39, para. 12.
Relevant factors may include the length of the delay, the reason for the delay, the uniqueness or possible significance of the particular allegations of discrimination: Fontaine v. Ainsworth Lumber, 2005 BCHRT 565.
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