When faced with contradictory evidence in a preliminary application, is it necessary to proceed to hearing?
British Columbia, Canada
The following excerpt is from Hein v. Tyam Construction, 2010 BCHRT 269 (CanLII):
She submits that as stated in Bell v. Sherk and others, 2003 BCHRT 63, in a preliminary application, when faced with contradictory evidence raising issues of credibility that cannot be resolved, it is necessary that the complaint proceed to hearing, where the evidence can be weighed in its entirety.
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