Is there a substantial dispute of facts or evidence in the context of a Divisional Discrimination Claim?

New Brunswick, Canada


The following excerpt is from Bourque, Bourque Pitcher v. HMQ et al, 2017 NBQB 108 (CanLII):

The case before me is not the same. There do not appear any obvious or inherently contentious factual allegations. Nor is the relief claimed overly broad. The applicants, if successful, seek a declaration as to the legislative provisions unconstitutionality because of its alleged discriminatory affects. And, when pressed at the hearing, the Province, at this early stage of the proceeding at least, was unable to identify specific areas where there would be a likely substantial dispute in regard to the adjudicative facts. Nor, at this stage has any likely social or legislative factual controversy been identified. Nor, in my opinion, is it enough to simply assert that there will likely be a substantial dispute of facts without identifying a reasonable basis for such a prediction, as was done in Pension Coalition NB v. New Brunswick (Attorney General).

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