In what circumstances will a preliminary application to dismiss be dismissed on the basis of contemporaneous documentary evidence?
British Columbia, Canada
The following excerpt is from Dian Greene v. Revolution Environmental Solutions LP, 2019 BCHRT 199 (CanLII):
In my view, this is not one of those cases where issues of credibility can be resolved on the basis of contemporaneous documentary evidence provided on a preliminary application to dismiss. Similar to the situation in Cunanan v. Willingdon Church and others, 2018 BCHRT 66 [Cunanan], in this case the parties’ different versions of events cannot be reconciled, and the truth cannot be determined based solely on the affidavit and documentary evidence.
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