What is the test for establishing that there are a number of factual issues in dispute?
British Columbia, Canada
The following excerpt is from Léveillé v. Vancouver Coastal Health Authority and others (No. 2), 2016 BCHRT 146 (CanLII):
I disagree. In my view, there are a number of factual issues in dispute, and conflicts in the version of events put forward by the parties. Where there are significant differences in the versions of events put forward by the parties on issues that are crucial to a determination of the matter, a hearing will often be necessary to test the conflicting evidence: Keller v. Canada Wets Promotions, 2006 BCHRT 553, para. 11.
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